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1. On May 21, 2014, the Defendant dismissed the Plaintiff from the representative director and in-house director at a special shareholders’ meeting.
Reasons
1. Facts of recognition;
A. 1) The defendant is a company for housing construction business, and the total amount of capital in the corporate register is KRW 300 million. 2) The defendant's corporate register was registered as the defendant's representative director and in-house director from June 11, 2012 to May 21, 2014, and C as the defendant's internal director.
As of September 5, 2007, the defendant's list of shareholders stated that the plaintiff holds 46,000 shares (76.7%) among the defendant's total shares of 60,00 shares, and C holds 14,00 shares (23.3%).
B. C around May 21, 2014, at around 10:30, May 21, 2014, the Defendant’s temporary shareholders’ meeting at the meeting room of the Defendant’s principal office (hereinafter “temporary shareholders’ meeting of this case”).
A) The minutes of a temporary shareholders’ meeting (Evidence A, hereinafter referred to as “the minutes of the instant meeting”) held by one shareholder who holds 46,500 shares of the total number of shares among two shareholders and made a resolution to dismiss the Plaintiff from the Defendant’s internal director and representative director.
(2) On May 21, 2014, the Plaintiff’s 13,50 shares (22.5%) among the 60,00 shares issued by the Defendant’s shareholder registry as of May 21, 2014, the minutes of the instant case are indicated as follows: (a) C holds 46,50 shares (7.5%) among the 60,00 shares issued by the Defendant; and (b) the Plaintiff holds 13,50 shares (22.5%).
However, after September 5, 2007, there was no change in the shareholder by May 21, 2014.
3) On May 22, 2014, the Defendant registered the Plaintiff as dismissed from the Defendant’s representative director or internal director on the corporate register. [Grounds for recognition] The facts that there is no dispute, and evidence Nos. 1, 3, 5, 7, 10, 12 (if there is a serial number, including the serial number; hereinafter the same shall apply)
each entry, the purport of the whole pleading
2. Determination on this safety defense
A. The Defendant’s assertion is deemed to have been dissolved as of December 5, 201, and there was no later a general meeting of shareholders for continuing the Defendant’s company. Accordingly, the Plaintiff is not the Defendant’s shareholder or representative director after December 5, 201.