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(영문) 수원지방법원안양지원 2017.07.14 2016가합103779
회사에 관한 소송
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. As of September 8, 2016, the Defendant owned 50,000 shares out of 1,000,000 shares issued by the Defendant as of September 8, 2016.

B. On September 8, 2016, the Defendant held a board of directors and resolved to convene a special general meeting of shareholders. On September 9, 2016, the Defendant issued a notice of convening a general meeting of shareholders as follows.

1. Date: At September 18, 2016;

2. Place: A conference room of the first floor of a building B, Dong, Gyeonggi-do, Seoul Special Metropolitan City;

3. Cases of claiming the purchase of shares for the removal of the representative director from office of an agenda director.

C. The Defendant held a temporary shareholders’ meeting on September 19, 2016, and seven of the nine shareholders were present, and their shares constitute 920,000 shares out of the total number of 1,00,000 shares.

In the provisional shareholders' meeting, the proposal for dismissal was passed with the consent of all shareholders present on the case of dismissal D of inside directors, the proposal for dismissal of the representative director E was rejected against all shareholders present on the case of dismissal, and the defendant's electric shock-related business was reported to the shareholders' G, H and I's appraisal rights against the transfer of all of the defendant's electric shock-related business to F and three companies.

(hereinafter “instant resolution”). D.

The director D was dismissed as of September 19, 2016 on September 21, 2016 on the entire certificate of corporate registration.

[Reasons for Recognition] Facts without dispute, Gap's statements, Gap's evidence 1 to 4, 8, 9 (including each number), the purport of the whole pleadings

2. The plaintiff's assertion

A. In accordance with Article 363(3) of the Commercial Act, the Defendant, as a company of less than one billion won in capital, shall give a notice of convening a meeting ten days prior to the date of the general meeting of shareholders pursuant to Article 363(3) of the Commercial Act, but the Defendant failed to comply with the notice of convening a meeting on September 9, 2016, which was within ten days from September 19, 2016, the date of the general meeting

B. The defendant, who is defective in the method of resolution, holds a provisional general meeting of shareholders, thereby locked the door of the meeting room used as the general meeting of shareholders.

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