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(영문) 울산지방법원 2017.06.14 2016가합23089
회사에 관한 소송
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a company that operates scraping business with its place of business in Ulsan-gu G, Ulsan-gu, and the Plaintiff is a director of the Defendant’s in-house, who was dismissed at the provisional shareholders’ meeting on July 27, 2016.

B. C convened a special shareholders’ meeting on July 8, 2016 (hereinafter “the first special shareholders’ meeting”) held by the Defendant, and accordingly, adopted a resolution on the appointment of C, D, and E as an internal director, and F as an auditor at the first special shareholders’ meeting held.

(hereinafter “the first provisional shareholders’ meeting”). C was a shareholder holding 11,700 shares of the Defendant at the time of convening the first provisional shareholders’ meeting, but was not a representative director or director of the Defendant.

C. On July 8, 2016, the Defendant held a board of directors on the same day when the Defendant’s internal directors C, D, E, and auditor F, appointed at the first extraordinary general meeting of shareholders, and resolved to select C as the Defendant’s representative director.

(hereinafter “Resolution of the Board of Directors”) D.

C On August 12, 2016, the Defendant convened a temporary shareholders’ meeting (hereinafter “the second temporary shareholders’ meeting”) on August 31, 2016, and accordingly, the Defendant changed the total number of issued and outstanding shares from 22,500 to 45,000 shares at the second temporary shareholders’ meeting held accordingly, and accordingly, passed a resolution to increase the capital from 225,000,000 to 450,000 won.

(hereinafter referred to as “the second provisional shareholders’ meeting resolution”).

On November 27, 2002, the Plaintiff married with C and the Plaintiff, but divorced from the divorce lawsuit filed by the Plaintiff (Ulsan District Court 2012ddan13156), which became final and conclusive on January 22, 2013.

Since then, C filed a claim for the division of property against the plaintiff as the Ulsan District Court 2013 Madan250. In the above case of property division claim, the Ulsan District Court transferred 16,750 shares issued by the defendant to C in the division of property, notified the defendant of the transfer of the shares, and then notified 10 million won in the above case.

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