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(영문) 대구지방법원경주지원 2015.01.09 2014가합451

임원선임결의 무효 확인

Text

1. The plaintiffs' primary and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 5 (including paper numbers) and the whole purport of the pleadings:

The defendant is a company that operates a H club, which is a shareholder membership golf course.

Article 25 (Appointment of Officers) (1) The shareholders' representative director and the auditor shall be elected in the order of majority in the exercise of voting rights by vote by the entire shareholders from among the candidates registered in accordance with the regulations of the company election commission, as prescribed by the regulations of the company election commission.

(2) Directors shall be elected from among the candidates registered for each constituency demarcated in accordance with the regulations of the Election Commission, the number of directors determined by the number of votes obtained by constituency in the order of majority votes by exercising their voting methods by direct voting.

(3) The election districts and the number of election directors shall be as follows:

Article 25-2 (Method of Election, etc.) (1) A shareholder, representative director, director, and auditor shall vote in a way of recording, if the former shareholder exercises his/her voting right to elect candidates, two electoral districts in the area of racing area, two electoral districts in Ulsan, two electoral districts in Ulsan area, and two electoral districts in other areas.

(2) The vote under the preceding paragraph shall be cast by attending a polling station for ten days by the shareholder.

Provided, That where the voting rate present and voting is less than 50/100 of the entire shareholders, a vote by mail shall be given to the shareholders who have not attended and voting.

Article 15-3 (Supplementary Election) (1) If the voting rate by direct voting falls short of the ratio provided for in Article 25-2 (2) of the Articles of Incorporation, an additional election shall be held in the way of vote by mail to the elector who does not cast the vote.

(2) A supplementary election shall be carried with a ballot paper received by the Committee by mailing it by the Committee, and the ballot paper on which the Committee has mailed shall be put in the reflect-credit envelope, its address and name, and the Committee shall seal it.