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(영문) 창원지방법원 2016.04.27 2015가합32301

회사에 관한 소송

Text

1. On March 30, 2015, there is no resolution that appoints C as a representative director at a general meeting of shareholders from March 30, 2015.

Reasons

1. Basic facts

A. The Defendant Company is a company that issued a common share of 1,451 for the purpose of sports facility business (golf course business). The company owned one share per shareholder and operates a golf course as a shareholder. The Plaintiff is a shareholder of the Defendant Company, who was a candidate for the representative director at the 14th regular general shareholders’ meeting held on March 30, 2015 (hereinafter “instant general shareholders’ meeting”).

B. As a result of voting by shareholders at the shareholders’ general meeting of the instant case, a resolution to appoint C, a majority vote, as representative director (hereinafter “resolution to appoint representative director of the instant case”), and a resolution to appoint nine directors, including D, was made (hereinafter “resolution to appoint directors of the instant case”).

C. As to the resolution of the shareholders’ general meeting of this case, 181 shareholders, 1,165 shareholders of the 1,451 shareholders, and 36 shareholders of the 1,382 shareholders of the 1,451. The result of the ballot counting of the election of the representative director of this case is as follows.

A 131534 18 184 184 183 C 49 624 1689 means that a shareholder of a prior resolution attends a general meeting of shareholders and makes a resolution by a direct resolution shareholder at a general meeting of shareholders by delegating voting rights to the proxy for a certain period (not later than 17 days before the date on which the general meeting of shareholders is held) before the date of the general meeting of shareholders.

D. Upon the resolution of the general meeting of shareholders of this case, the election commission of the defendant company (hereinafter “election commission”) dealt with 11 votes out of the voting by delegation resolution for the following reasons. The number of the unique electoral registry is the same as the number of the electoral registry and the serial number on the right upper corner of the power of attorney is the same

In addition to the delegation resolution 47 E on the ground that the name of member (in the case of a corporate member, the name of the corporate member) is null and void, "F 1249 (State)" 1424 G 3424 G " 329 I " 1373 J (State) 1373 J (State)" 1305 (State 1305) different from the seal of the certificate of seal impression attached thereto.