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(영문) 인천지방법원 2015.04.10 2014가합53550
회사에 관한 소송
Text

1.(a)

The defendant's provisional shareholders' meeting on November 17, 2014 stated in attached Table 1 is non-existent.

Reasons

1. The facts under the recognition of facts do not conflict between the parties, or may be admitted by taking account of the overall purport of the pleadings in the entries or images of Gap evidence Nos. 1, 2, 5, 6, and Eul evidence Nos. 1 to 10 (including each number, if any).

The defendant is a company whose purpose is to manufacture and sell drugs, etc., and the plaintiff was appointed as a director and a representative director of the defendant company on September 25, 2013, but was dismissed by a resolution of the temporary general meeting of shareholders and the board of directors on March 3, 2014.

B. On March 3, 2014, a temporary general meeting of shareholders of the Defendant Company was held on March 10, 2014 with the convocation of C, which is an internal director of the Defendant Company, on March 3, 2014. In the above provisional general meeting of shareholders, three shareholders (7,800 shares of the Defendant Company), among five shareholders (10,000 shares of the total number of shares issued) in the name of the Defendant Company, were present and passed with the consent of all shareholders present at the meeting.

C. On March 3, 2014, the convening of the resolution of the board of directors was held on March 11:30, 2014, and the extraordinary board of directors was passed at around March 11:3, 2014, and two (C, E, and F) from among three directors (C, E, and F), excluding the Plaintiff, and the newly appointed directors D attended to move the head office of the Defendant Company to Incheon and dismissed the Plaintiff from office as the representative director, and passed the resolution with the consent of all the members present at the meeting.

On October 22, 2014, the resolution of the board of directors resolution C on October 31, 2014, the Plaintiff and directors of the Defendant Company issued a notice of convening a temporary general meeting of shareholders on October 22, 2014, and accordingly, the temporary board of directors was held on October 31 of the same month. The above board of directors was held by three (C, E, and F) among four directors (Plaintiffs, C, E, and F) present at the meeting and with the consent of all directors present at the meeting.

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