주주총회 관련 분쟁과 가처분의 법적 쟁점

Abstract

There have been series of litigation and provisional injunctions with regard to L company since 2003. Such litigation and injunctions are out of long standing dispute on the management right between shareholders of L company, and such dispute is still pending at courts. These litigation and injunctions have dealt with lots of interesting corporate issues and issues relating to commercial registry. Out of these issues, this paper focused on corporate law issue. First, this paper discussed general effect of provisional injunction prohibiting exercise of voting rights, consequence of violating such injunction and whether such injunction will have binding effect on the person who bought the shares after the injunction. Secondly, this paper discussed how chairman of shareholders meeting can be appointed and legitimately registered in commercial registry when such shareholders meeting convened upon the request of minority shareholders. Thirdly and fourthly, this paper discussed how the convening of shareholders meeting can be legitimately cancelled and whether a person cannot act as a director if the representative direct does not execute employment agreement with the person who had been legitimately elected at the shareholders meeting. There have been series of litigation and provisional injunctions with regard to L company since 2003. Such litigation and injunctions are out of long standing dispute on the management right between shareholders of L company, and such dispute is still pending at courts. These litigation and injunctions have dealt with lots of interesting corporate issues and issues relating to commercial registry. Out of these issues, this paper focused on corporate law issue. First, this paper discussed general effect of provisional injunction prohibiting exercise of voting rights, consequence of violating such injunction and whether such injunction will have binding effect on the person who bought the shares after the injunction. Secondly, this paper discussed how chairman of shareholders meeting can be appointed and legitimately registered in commercial registry when such shareholders meeting convened upon the request of minority shareholders. Thirdly and fourthly, this paper discussed how the convening of shareholders meeting can be legitimately cancelled and whether a person cannot act as a director if the representative direct does not execute employment agreement with the person who had been legitimately elected at the shareholders meeting.