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(영문) 부산지방법원동부지원 2020.01.16 2019가합100683

주주총회결의취소

Text

1. The resolution made by the Defendant on December 4, 2018 at a special shareholders’ meeting is revoked.

2...

Reasons

1. The Plaintiff Co., Ltd. 40,440,000 Busan Metropolitan City 1,440,000 48 D Co., Ltd. 40,333,583,000 19.43 D Co., Ltd. 33, 368,000 E- 368,000 27 December 27, 2000 39,2881. 31, G 169,000 H 20,67,67 I Co., Ltd. 80,67, 2002. 67,000 KJ 70,670,000 or 670,330,000 or 60,70,000 or 60,000,000 or 3330,000,036,000

A. The defendant is a corporation that runs the business of operating golf courses and related ancillary facilities, and the shareholders, including the plaintiff, own 3,000,000 shares issued by the defendant, as stated below.

B. The company register of the defendant was registered in the company director registry of Busan Metropolitan City as well as in the company director registry of P, Q and R recommended by the Busan Metropolitan City as a director recommended by the company G as well as in the company director, and outside directors, as recommended by the plaintiff, S, T, U, U, E, W recommended by the company, WW recommended by the company, and X,Y, Z, and AA recommended by the Busan Metropolitan City, but the term of office expired. The inside director R and outside director Q were registered as an in-house director even though they were appointed as outside directors at the general meeting of shareholders on March 29, 2017. Outside directors X, Y, Z, and AA were disqualified as outside directors under the Commercial Act.

C. On November 7, 2018, the Plaintiff: (a) appointed the Defendant; (b) the representative director recommended by Busan Metropolitan City; (c) two inside directors recommended by Busan Metropolitan City and the Plaintiff; and (d) four outside directors recommended by Busan Metropolitan City; and (b) demanded a convocation of an extraordinary general meeting of shareholders for a resolution to change company Q Q to outside directors.

On November 13, 2018, the Defendant held the 58th board of directors at the meeting of the board of directors, including the special shareholders meeting for the appointment, etc. of directors, and the said board of directors at the meeting is related to the agenda for the appointment of directors, Busan Metropolitan City and the Plaintiff.

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