CONTENTS
- 1. Corporate Attorney: "The Creditor Registered a Close Associate as an Outside Director"
- - Corporate Attorney Emphasizes the Strong Opposition Among Shareholders
- 2. Corporate Attorney Reveals Problems with the Creditor's Application for Inspection and Copying of Accounting Books
- - Corporate Attorney Submits Rebuttal Materials Against the Provisional Injunction Application Filed by the Creditor
- - A Situation in Which the Creditor and the Debtor Were Currently Contesting Management Control
- 3. Result of the Corporate Attorney's Assistance: The Creditor's Application for a Provisional Injunction for Inspection and Copying of Accounting Books, etc., Dismissed
1. Corporate Attorney: "The Creditor Registered a Close Associate as an Outside Director"
The passenger transport company client who came to a corporate attorney sought the attorney's help, stating that the creditor had deceived the client and intended to take the position of representative director.
The client requested an analysis from the attorney's perspective, stating that he had been deceived by the creditor and had been forced to step down from the position of company representative.
In particular, the creditor was said to be carrying out unlawful acts, such as registering his own close associate as an outside director at an extraordinary general meeting of shareholders. The client earnestly asked the corporate attorney to expose the creditor's unlawful conduct.
Corporate Attorney Emphasizes the Strong Opposition Among Shareholders
A close review of the consultation records with the corporate attorney showed that the creditor, who had deceived the client, falsely prepared the minutes of the board at the extraordinary general meeting. At the time, the shareholders strongly opposed the other party's overreach.
The creditor is said to have ignored all procedures and closed the extraordinary general meeting using materials unrelated to its purpose.
The creditor, who had acted unlawfully to acquire management control, is said to have intended to use this lawsuit to find points of contention and raise the value of his own shares.
As the creditor's filing of the lawsuit placed the client at risk of company secrets and other information being leaked, the client searched for an attorney and ultimately requested the help of a Daeryun corporate attorney.
2. Corporate Attorney Reveals Problems with the Creditor's Application for Inspection and Copying of Accounting Books
The client, who was at risk of having management control taken by the creditor, needed the creditor's lawsuit to be dismissed in order to defend management control and prevent the leak of company confidential information.
For the client, who urgently needed the corporate attorney's help, the corporate attorney raised objections to the creditor's lawsuit for inspection and copying of accounting books.
Corporate Attorney Submits Rebuttal Materials Against the Provisional Injunction Application Filed by the Creditor
Through thorough consultations with the client, Daeryun formed a task force composed of corporate attorneys and corporate legal experts with extensive experience in responding to and advising on 🔗accounting fraud in the passenger transport business and at companies.
🔗The corporate attorney submitted rebuttal materials against the lawsuit filed by the creditor and argued that this application should not be granted.
■ It was confirmed that the creditor had become representative director through improper means before this lawsuit
■ An injunction to suspend the creditor's performance of duties had previously been issued
■ At the extraordinary general meeting, the shareholders expressed dissatisfaction with the creditor's unlawful conduct, and it was found that more than a majority opposed appointing the creditor's close associate as an outside director
■ The external auditor also confirmed that there were no accounting problems during the period when the debtor operated the business as representative director
A Situation in Which the Creditor and the Debtor Were Currently Contesting Management Control
The corporate attorney stated that the most important issue in this lawsuit was the fact that the creditor intended to invoke shareholder rights in order to emphasize the company's deficit situation.
Accordingly, the attorney made the case that the creditor had filed the provisional injunction application in order to plan to resell his shares at a high price, and requested that the application be dismissed.
3. Result of the Corporate Attorney's Assistance: The Creditor's Application for a Provisional Injunction for Inspection and Copying of Accounting Books, etc., Dismissed
The court accepted the arguments of the Daeryun corporate attorney and ruled, "All of the applications in this case are dismissed. The litigation costs shall be borne by the creditor."
The court gave as its reason for this ruling on the application that there was insufficient proof of the right to be preserved and of the necessity of preservation.
Had this lawsuit instead resulted in a favorable judgment for the creditor, the client's loss would have been severe. After the corporate attorney carefully prepared rebuttal materials against the creditor's arguments and presented its pleadings, the creditor's lawsuit for inspection and copying of accounting books was dismissed.
The corporate client who entrusted us with this case expressed deep trust in our firm, which produced the desired outcome even under a tight schedule, and went on to enter into an ongoing legal advisory contract.
To respond in a timely manner to a provisional injunction application such as the one in this case, please use the 🔗corporate attorney legal consultation booking to schedule a consultation promptly.
Our firm's attorneys are ready to listen to corporate clients 24 hours a day, 365 days a year.
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