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(영문) 서울중앙지방법원 2017.10.27 2017가합504003
회사에 관한 소송
Text

1. The defendant dismissed the representative director C, inside directors C, D, and auditor E at the special shareholders' meeting on December 9, 2016.

Reasons

1. Basic facts

A. The Defendant was a stock company established on March 22, 2001 for the purpose of the construction business management business, and around November 15, 2016, the total number of outstanding shares was 100,000 shares. The Defendant’s shareholder on the shareholder registry around that time was the Plaintiff (20,00 shares), C (49,00 shares holding), H (26,00 shares holding), I (5,00 shares holding), and I (5,00 shares holding).

B. As of November 15, 2016, the Defendant’s representative C sent a notice to the Plaintiff, H, and I, a shareholder on the register of shareholders, and to hold a temporary general meeting of shareholders on the agenda of the representative director C, company directors C, D, and auditor E’s dismissal and appointment of directors and auditors at the coffee shop of the first floor of K Hotel located in the Busan Maritime Affairs and Daegu High Court on December 9, 2016.

C. At the time of December 28, 2016, the Defendant’s representative C, as of December 28, 2016, issued a notice of convening a temporary shareholders’ meeting with the content that the Plaintiff, H, and I, the shareholders on the list of shareholders, and the 12:0 on January 14, 2017, K hotel’s amendment of the articles of incorporation and the relocation of its head office, etc., are an agenda at the coffee shop in the Busan High Court of Maritime Affairs.

On December 5, 2016, the corporate register of the defendant was dissolved pursuant to Article 520-2(1) of the Commercial Act, and the registration was completed on December 9, 2016. On the same day, registration was completed with the purport that inside directors C, F, Auditor G, and representative C will take office, and on February 16, 2017, registration was completed with the purport that the address of the defendant's head office was transferred to "Seoul Seocho-gu L Building, Non-dong 310, M and 2 stories."

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 6, 7, Eul evidence No. 1 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. Of the Plaintiff’s shares 100,000 shares issued by the Defendant, the Plaintiff owned 46,00 shares, N 49,000 shares, and I owned 5,000 shares. The Defendant notified the convening of the temporary shareholders’ meeting as of December 9, 2016 and the temporary shareholders’ meeting as of January 14, 2017 (hereinafter “each temporary shareholders’ meeting of this case”) and made a false representation.

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