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1. Revocation of a judgment of the first instance;
2. In-house directors C, D, plaintiffs, E, and auditors at the general meeting of shareholders on May 18, 2016 of the defendant's May 18, 2016.
Reasons
1. Basic facts
A. On September 15, 2014, the Defendant’s temporary general shareholders’ meeting (this refers to the “temporary general shareholders’ meeting as of September 15, 2014; hereinafter the same shall apply) on September 15, 2014, refers to the Defendant’s temporary general shareholders’ meeting specifying the date on which the meeting is held in the same manner.
The minutes were held. At the time, the minutes indicate that “two shareholders present (two shareholders total number), two representative directors of the defendant, three in-house directors, U, and D are present.” On the same day, the above provisional general meeting of shareholders adopted a resolution that “the plaintiff and E shall be appointed as the defendant’s in-house director.” On the same day, the above provisional general meeting of shareholders held the defendant’s board of directors (this refers to “the board of directors of September 15, 2014; hereinafter referred to as “the defendant’s board of directors”).
The minutes prepared at the time include four directors (four directors) and one auditor (one auditor).
The above board of directors adopted a resolution that "the plaintiff is appointed as the representative director of the defendant according to the resignation of the representative director of C on September 15, 2014."
3) The registration of the appointment of the pertinent officer according to each of the above resolutions was completed on September 29, 2014, respectively. (B) On May 18, 2016, the Defendant’s joint representative director L held a temporary general meeting on May 18, 2016, under the premise that he/she owns all the Defendant’s shares.
The minutes prepared at the time include one shareholder (one shareholder total number) and the Speaker L.
In addition, the above minutes include the contents of the resolution that "in-house directors C, D, plaintiffs, E, and auditors are dismissed, and that "in-house directors are appointed to G, H, outside directors, I, and J as auditors."
2. The minutes of the Defendant’s meeting held on May 18, 2016 contain the following: (a) the number of directors present at the meeting is five (4) the total number of directors present at the meeting; (b) L, in-house directors G, H and outside directors and I (I). In addition, the said minutes are “representative director.”