beta
(영문) 창원지방법원 2016.05.11 2016가합80

임원입후보자 등록무효결의의 무효확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant's status as the parties is a company with the purpose of sports facility business (a golf course business) and operates a golf course as a shareholder membership system. The plaintiff is the defendant's shareholder and director below.

(1) As stated in paragraph (2), the board of directors, as the board of directors, performed the duties of a director, and on March 30, 2015, was elected as a director at the 14th regular shareholders meeting of the defendant.

B. (1) The Defendant, on March 25, 2013, held a board of directors on November 13, 2012, to appoint the following executives at a regular general meeting of shareholders on March 25, 2013; and (2) advance polling on the resolution to appoint executives (hereinafter “instant advance polling”).

(2) From March 1, 2013 to March 24, 2013, the date of commencement of the advance polling was extended from “24 days prior to the date of the general meeting of shareholders” to “24 days prior to the date of the general meeting of shareholders.” 2) The Defendant again held the board of directors on February 5, 2013 and again held the board of directors and granted the shareholders participating in the advance polling of this case the right to make a promise for a golf course that may be transferred only once per shareholder, and ② A resolution was adopted to pay the shareholders who participate in the advance polling of this case with the right to exchange goods equivalent to KRW 200,000 for purchasing goods at the professional shop of the Defendant company or settling admission fees and meal expenses (hereinafter “resolution of the board of directors of this case”).

3) On March 25, 2013, the Defendant’s general meeting of shareholders (hereinafter “instant resolution of the general meeting of shareholders”) to appoint ten directors, including C and D as representative director at the Defendant’s general meeting of shareholders (hereinafter “instant resolution of the general meeting of shareholders”).

On the other hand, shareholders who participated in the advance polling of the instant case or shareholders who directly exercised voting rights at the general meeting of shareholders on March 25, 2013 were provided with the right of reservation and the right of exchange for goods of the golf course in accordance with the resolution of the board of directors of the instant case. (C) On March 25, 2013, 2013, the resolution of the general meeting of shareholders of the instant case was served at the general meeting of shareholders, but failed.