logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.02.04 2014가합40711
회사에 관한 소송
Text

1. On May 13, 201, the part demanding confirmation of the absence of the special shareholders' meeting as of May 13, 201 against Plaintiff A and B Co. D.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry described in Gap evidence 1, 3 to 5, Eul evidence 1 to 4 (including any number in each case), Eul evidence 17-1 to 5, 10, and 11.

Defendant D Co., Ltd. (hereinafter “Defendant Company”) was established on February 18, 2010 for the purpose of real estate sale and lease business, etc., and as at the time of its establishment, F was appointed as representative director and inside director, Plaintiff A and B as each inside director, and Plaintiff C as auditor.

In addition, according to the shareholder registry at the time of incorporation of the Defendant Company, Plaintiff A and B were listed as holding each of 1,650 shares (hereinafter “each of the shares of this case”) among the total number of shares 5,000 shares (e.g., 10,000 shares per face value per share), and the remainder of 1,700 shares as F.

B. On February 18, 2011, Defendant E prepared a written contract for acquisition and transfer of each of the instant shares held by Plaintiff A and B, and completed the change of entry into the register of shareholders. On the premise that at the temporary general meeting of shareholders held on May 13, 201, Defendant E passed a resolution to appoint Defendant E as a director (hereinafter “resolution of the general meeting of shareholders”) at the temporary general meeting of shareholders held on May 13, 201, Defendant E prepared the minutes of the general meeting of shareholders and completed the registration of his/her taking office on May 13, 201. On the same day, Plaintiff A and B resigned from the office of Defendant Company.

Since then, the auditor C and the representative director of the Plaintiff C have completed the registration of retirement on April 11, 2013 due to the retirement on March 31, 2013.

2. The parties' assertion

A. Although the plaintiffs Gap and Eul did not transfer each of the shares of this case to defendant Eul, they forged the stock acquisition and transfer contract under the above plaintiffs' names and the company director resignation certificate, thereby completing the registration of the resignation of director and the change of the register of shareholders against the above plaintiffs, and they completed the registration of the resignation of director and the change of the register of shareholders by forging the resignation certificate without notifying the plaintiffs Eul.

arrow