logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원여주지원 2015.02.05 2014가합10259
주주총회결의 취소
Text

1. The decision to dismiss the Plaintiff from the director at the special shareholders’ meeting on January 27, 2014 by the Defendant is revoked.

2. The defendant.

Reasons

1. Facts of recognition;

A. The defendant is a company running the automobile maintenance business, etc., and the plaintiff was appointed as the defendant's director and the representative director on May 25, 2001.

B. On December 18, 2013, D, the Defendant’s shareholder, filed an application for the convening of a general meeting of shareholders with the Suwon District Court Branch of the Suwon District Court for permission on January 14, 2014 (hereinafter “instant decision”) with respect to the applicant (D), the representative director of the instant principal (the Defendant) and the Plaintiff’s dismissal of the director, and the subsequent representative director and the appointment of directors, which are the subject of the meeting of the instant principal (hereinafter “instant decision”).

C. On January 15, 2014, D notified the Plaintiff on January 27, 2014 that a temporary general meeting of shareholders (hereinafter “instant temporary general meeting of shareholders”) should be convened with the dismissal of the representative director and the Plaintiff, who is a director, and a new representative director and the appointment of directors.

On January 23, 2014, the Plaintiff sent to D, C, and E (hereinafter “D, etc.”) a certificate of content purporting that the Plaintiff would attend the temporary shareholders’ meeting of this case and exercise the opposing vote at 33.5% of the Plaintiff’s share on each of the above agenda, by asserting the illegality of the convening procedure of the temporary shareholders’ meeting of this case and the absence of grounds for dismissal of the Plaintiff.

E. On January 27, 2014, the Plaintiff appeared at the temporary shareholders’ meeting of this case and opposed to the removal of the Plaintiff from the director and the representative director. However, D et al. stated that, as the Plaintiff did not attend the temporary shareholders’ meeting of this case, three (13,400 shares including D, C, E, and total number of shares) from among three (20,000 shares) of the minutes of the temporary shareholders’ meeting of this case as the Plaintiff did not appear at the shareholders’ meeting of this case, the shareholders present at the meeting were the Speaker pro tempore, who appointed the inside directors C, and then passed the removal of the Plaintiff as a full-time director.

F. In-house directors C, F, E, and Auditor D of the Defendant are this.

arrow