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(영문) 창원지방법원 2018.06.14 2017가합52897

회사에 관한 소송

Text

1. A written resolution in which the Defendant appointed C at a special shareholders’ meeting on April 13, 2017 as each of its representative directors, and on May 23, 2017.

Reasons

1. Facts of recognition;

A. On October 12, 2016, the Defendant was established for the purpose of real estate development and implementation business, etc., the Plaintiff was registered as representative director, C as in-house director (Evidence A7), and the Plaintiff and C were divided into 5,500 shares issued by the Defendant at the time of the establishment of the Defendant, respectively.

(5,00 shares in the Plaintiff’s name are not more than 5,50 shares (hereinafter “instant shares”). A. (No. 1, No. 2-1). B.

The contents of the defendant's articles of incorporation concerning shareholders' general meetings and executives are as follows:

Article 22 (Convocation of General Meeting) (1) Except as otherwise provided in Acts and subordinate statutes, the convening of General Meeting shall be convened by the representative director by a resolution of the board of directors.

Article 23 (Notice of Convocation) (1) In convening a general meeting of shareholders, a bearer shareholder who has written his/her date, time, place, and the subject matter of the meeting shall give written notice at least ten days prior to the date of the general meeting or shall give notice in electronic form with the consent of each shareholder.

(a) A general meeting of shareholders may be held without a convocation procedure, if all shareholders consent thereto.

Article 24 (Chairperson) The chairperson of the general meeting of shareholders shall be the representative director, and other directors shall be the chairperson when the representative director is elected.

Article 26 (Resolution and Quorum of General Meeting of Shareholders) (1) A resolution of the General Meeting of Shareholders shall be the majority of the voting rights of the shareholders present at the meeting and the number of not less than 1/4 of the total number of issued and outstanding stocks,

(3) The following matters shall be the number of shareholders present at the meeting by two thirds or more of voting rights and by one-third or more of the total number of issued and outstanding voting rights:

5. Removal of directors, auditors and liquidators. (4) All shareholders may substitute for a resolution of a general meeting of shareholders.

Article 30 (Appointment of Directors) (1) Directors and the representative director shall be appointed at a general meeting of shareholders.

(2) The election of directors shall be made by a majority of shareholders present.