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1. On July 29, 2016, the defendant's case of acquiring A's president's shares, and the case of recovering lease deposit.
Reasons
1. Basic facts
A. The Defendant is a company established for the purpose of running a newspaper manufacturing business, periodical publication business, publishing business, etc. The total number of issued stocks is 10,000 shares, and the capital is 50 million won.
Plaintiff 4,848, 48.48%, and inside directors C 4,099, 40.99% representative director D 303.03% auditor E 705% in-house directors.
B. The defendant's shareholders and executive officers are as follows.
C. On July 15, 2016, the Defendant’s representative C notified shareholders that the temporary shareholders’ meeting was held on July 26, 2016, which made the instant agenda items the purpose of the meeting. On July 19, 2016, the Defendant notified the shareholders that the temporary shareholders’ meeting was changed to 11:00 on July 29, 2016.
On July 29, 2016, the defendant held a special general meeting of shareholders.
(hereinafter “instant special meeting”). At the instant special meeting, C, D, and E, except the Plaintiff among four shareholders, attended the instant special meeting, and did not proceed to a specific resolution on the agenda No. 1. From July 2016 to July 10, 2016, a resolution was adopted to suspend the payment of remuneration to the Plaintiff, who is the Chairperson, on the ground of the aggravation of company’s financial situation, inequality with other shareholders and employees, etc. on the agenda No. 2. 3, the said resolution was adopted to grant a grace period until August 10, 2017 to F (Representative), which is the lessor, and to determine that the lease deposit is not returned within the period.
[Ground of recognition] Facts without dispute, Eul evidence Nos. 2, 7, 8, 10-3, 4, Eul evidence No. 12, the purport of the whole pleadings
2. Determination on this safety defense
A. As to the agenda item No. 1 of the Defendant’s main defense, there was no resolution corresponding to the instant special meeting, and thus, there was no need to seek the revocation of the resolution.
In addition, the agenda Nos. 1, 2, and 3 is merely a resolution on matters not prescribed by the resolution of the general meeting of shareholders in the commercial law and the articles of incorporation.