주주총회결의 무효확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The defendant is a company that aims at housing construction business.
The defendant's register of shareholders states that CA 50,000 shares issued by the defendant (50%) among 100,000 shares issued by the defendant, the plaintiff owns 30,00 shares (30%) and D 20,00 shares (20%) respectively.
B. On March 19, 2019, C, the Defendant’s representative director, sent the Defendant’s notice of convening a general meeting of shareholders, sent to shareholders registered as shareholders on the Defendant’s list of shareholders on April 10, 2019, E, from April 10, 201 to April 9, 2019, to attend a general meeting of shareholders for the purpose of the meeting.
C. On April 10, 2019, C prepared the minutes of the general meeting of shareholders of this case held a temporary general meeting at the meeting room on April 9, 2019 at the meeting room (F (2nd floor in Young-si). C and G as the Defendant’s internal director, and G as the Defendant’s representative director, respectively.
“The minutes of the special shareholders’ meeting were notarized.”
(No. 690), d. of Hhap Law Offices, etc. (No. 690), 2010.
Article 26 (Convocation of General Meeting of Shareholders) (2) Except as otherwise provided for in Acts and subordinate statutes, a representative director shall convene a general meeting of shareholders.
Article 27 (Notice of Convocation) (1) In convening a general meeting of shareholders, a named shareholder shall give written notice to a bearer shareholder at least ten days prior to the date, time, place, and the subject matter of the meeting to the general meeting or shall give notice in electronic form with the consent of each shareholder at least two weeks prior to the date of the general meeting.
However, this period may be shortened by the consent of all shareholders in writing, by telegraph or by electronic document prior to the general meeting.
Provided, That if all shareholders consent, a general meeting of shareholders may be held without a convocation procedure.
Article 30 (Resolution and Quorum of General Meeting of Shareholders) (1) A majority of the voting rights of shareholders present and a quarter of the total number of issued and outstanding shares, except as otherwise provided in the articles of incorporation and other Acts.