logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2018.11.02 2017가합327
주주총회결의취소등
Text

1. On February 6, 2017, among the plaintiff's primary claims, the confirmation of invalidity of the resolution made at the temporary shareholders' meeting on February 6, 2017.

Reasons

Basic Facts

Of the total number of shares issued by the defendant 10,000 shares (ordinary shares and 5,000 shares per share), 4,500 shares of F limited liability companies, 3,000 shares by the plaintiff, and 2,500 shares by G.

The plaintiff was the representative director of the defendant from June 22, 201 to December 5, 2016.

F limited liability companies (hereinafter “foreign limited liability companies”) filed an application for permission to convene special meeting with the Defendant as the principal of the case and the Suwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office 2016BB29. On January 25, 2017, the above court permitted the convocation of a special general meeting of shareholders for the purpose of meeting the Chairperson and the appointment of directors. On February 6, 2017, the Defendant held a provisional general meeting of shareholders without giving notice to the Plaintiff. The shareholders, other than the Plaintiff, who hold the remaining 70% shares, attended a special general meeting of shareholders and held C as the Defendant’s internal director and representative director, D, and E as the Defendant’s director, and passed a resolution to continue the company.

(2) On February 6, 2017, the Plaintiff asserted that there was a defect in failing to obtain a notice for convening the extraordinary general meeting as of February 6, 2017, which was the Defendant’s shareholder, and Nonparty limited liability company and C appointed as the representative director at the extraordinary general meeting as of February 6, 2017, issued the Defendant’s notice for convening the extraordinary general meeting as of February 17, 2017, and held a general meeting as of March 6, 2017, on the agenda of ratification, etc. of the resolution of the extraordinary general meeting as of February 6, 2017 in Seoul, Gangnam-gu, Seoul, and H and I of this case (hereinafter “the instant general meeting as of March 6, 2017”), and all shareholders except the Plaintiff appeared, and approved all of the agenda items as the exclusive meeting and resolved as of February 6, 2017.

[Ground of recognition] Gap evidence Nos. 1 and 2, Eul evidence Nos. 6-2, Eul evidence Nos. 1 through 4, 9, and 10, and all of the arguments, among the main claims of the whole arguments, the claim to nullify the invalidity of the resolution of the special general meeting as of February 6, 2017.

arrow