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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a shareholder holding 140,00 shares of the Defendant.
C On January 31, 2013, and August 4, 2015, F took office as the representative director of the Defendant, respectively. On November 19, 2015, the board of directors held on November 19, 2015, C and F resigned from office as the representative director, and on the same day C were elected as the representative director of the Defendant, and F was elected as the chairman of the Defendant’s board of directors.
B. On April 19, 2017, the Defendant held a board of directors at the meetings of the representative director C and directors G among three directors members of the board of directors, and issued new shares of 400,000 common shares to raise funds of 200 million won. The new shares to be issued shall be allocated in proportion to the number of shares held by shareholders listed in the register of shareholders, but the board of directors passed a resolution to allocate shares if forfeited shares occur
C. However, the Plaintiff and H, the previous shareholders of the Defendant, did not subscribe to new shares on May 10, 2017, which was the date of subscription, and the Defendant held a board of directors on May 17, 2017 and resolved to allocate C with 220,000 shares out of forfeited shares.
C paid KRW 110,00,000 of the share capital around May 24, 2017, which is the payment date of the share capital, and was allocated 220,000 of the following day.
(C) The Defendant’s issuance of new shares of 220,000 shares was 420,000 shares, and among them, C has 220,00 shares, 140,00 shares, and H has 60,00 shares.
On June 16, 2017, the Defendant decided to hold a temporary general meeting of shareholders in order to appoint two directors who will hold a board of directors at the meeting of the representative director C and directors G among three directors members, and on June 28, 2017, held a temporary general meeting of shareholders among shareholders C and H, and appointed D and E as an internal director.
(hereinafter “Resolution of the Provisional General Meeting of Shareholders”) e.
Details related to the issuance of new shares, board of directors and general meeting of shareholders are as follows.
Article 9 (Preemptive Rights) (1) Shareholders of this company shall be entitled to issue new shares.