주주총회결의취소의 소
1. The Defendant’s maximum amount of remuneration for the representative director for the fiscal year 2016 at a general shareholders’ meeting held on March 11, 2016, shall be 300,000.
1. Basic facts
A. The defendant company as a party is a corporation established to conduct the maritime cargo forwarding business, etc., and C is a shareholder and representative director of the defendant company, and the plaintiff is a shareholder of the defendant company.
B. The total number of shares issued by the Defendant Company around March 11, 2016 is 30,000 shares, and the shareholder composition of the Defendant Company is as listed below.
The number of shareholders' shares (%) related to C 5,250 1 C 5,250 17.5 2D 2 D 6,000 20.00 /C 3 E 1,500 5.00 C 5 G 1,500 5.00 5 G 1,500 5 G 11,500 50 5 G 11,57.50 7 H 7.50 37.50 50 8 I,125 750 1,250 9 J 1,125 75 /C 30,000 0.0
C. (1) On March 11, 2016, the representative director C of the Defendant Company presented a resolution of the general meeting of shareholders of the Defendant Company on March 11, 2016 at the meeting room of the principal office of the Defendant Company (C and the Plaintiff directly attend, D, E, F, and C on their behalf attend, H, I, and J on their behalf) and held a regular general meeting of shareholders in 2015 (hereinafter “instant resolution”). C is the chairman of the above general meeting of shareholders. As for the “case of approval of executive remuneration,” the proposal of subparagraph 2, “A’s remuneration limit of the representative director shall be raised from KRW 150 million to KRW 30 million in the previous year, and 15,750 (the total number of shares issued and voting rights of the shareholders present at the meeting) including one’s own voting rights, and passed a resolution of raising the remuneration limit (hereinafter “instant resolution”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2-1 to 4 of evidence 2, the purport of the whole pleadings
2. Determination
A. (1) The remuneration of a director shall be determined by a resolution of a general meeting of shareholders, unless the amount of remuneration of the director is determined by the articles of incorporation (Article 388 of the Commercial Act). The resolution of a general meeting of shareholders shall be at least a majority of the voting rights of the shareholders present and at least 1/4 of the total number of issued and outstanding shares