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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts below the basic facts are either in dispute between the parties or in accordance with Gap evidence 1, 3, Eul evidence 1-1, 3, 4, 2-1, 2, and 3-1, 2, and 3-2. A. It can be acknowledged by taking account of the whole purport of the pleadings.
The defendant is a company established for the purpose of developing and selling computer programs, and the total number of issued stocks is 2,200,000.
B. Around August 4, 2015 and August 12, 2015, the Plaintiff demanded that the Defendant convene a temporary general meeting of shareholders, the purpose of which is to report on the settlement of accounts and pay dividends to the management performance, as the shareholders holding 80,000 shares (3.63% of the total number of outstanding shares, and a small number of shares, hereinafter the same shall apply).
C. The convening of the Defendant’s board of directors (hereinafter “the instant board of directors”) was held on September 2, 2015 by the convening of the Defendant’s board of directors registered as the representative director on the Defendant’s corporate registry, and the instant board of directors adopted a resolution with the consent of all the members present at the meeting to convene a temporary general meeting of shareholders on September 30, 2015 for the purpose of reporting the settlement of accounts and paying dividends on business performance.
C around September 7, 2015, around September 7, 2015, notified the Plaintiff, etc. of the convening of an extraordinary general meeting.
Therefore, on September 30, 2015, a temporary general meeting of shareholders (hereinafter “instant general meeting of shareholders”) was held on September 30, 2015. The general meeting of shareholders of the instant case participated in D (Agent E), F (Agent E), G (Agent C), H (Agent G), and the Plaintiff. The total number of shares held by the shareholders present at the general meeting of shareholders of the instant case was 1,629,520 shares (74.06% of the total number of shares issued).
E. C is the chairman of the Labor Relations Commission in lieu of submitting financial statements, business reports, audit reports, and appropriation of retained earnings to shareholders with respect to the cases of settlement of accounts for management performance. ② Voting has been carried out with respect to the cases of dividend (8.34% of the total number of shares held by shareholders present).