주주총회결의무효확인
1. C at the Defendant’s temporary shareholders’ meeting held on July 24, 2014 among the instant lawsuit, as the representative director and in-house directors, and D.
Basic Facts
The following facts are not disputed between the parties, or acknowledged by considering the overall purport of the evidence of this case.
On May 31, 1994, the Defendant is a corporation incorporated with the head office Chungcheong City E (F on June 23, 1995), 500 shares issued, and the total amount of capital of 50 million won.
According to the articles of incorporation established on May 25, 1994 for the establishment of the defendant, the promoters include seven provisions including the plaintiff, G, H, I, J, K, and C, and the articles of incorporation as follows:
Except as otherwise provided in Acts and subordinate statutes or the articles of incorporation, a resolution of the general meeting of shareholders shall be adopted by and with attendance of stockholders who hold stocks equivalent to the majority of the total number of issued and outstanding shares, and shall be adopted by
Article 21 (Number of Directors and Auditors) Not less than three directors of each company, while not less than one auditor.
Directors of a company to which Article 22 (Appointment of Directors) applies shall be appointed by a majority after a shareholder who holds stocks corresponding to a majority of the total number of issued stocks.
Article 24 (Term of Office of Directors and Auditors) The terms of office of directors shall be three years after their inauguration.
However, when the term of office of a director ends before the closing of a regular general meeting of shareholders for the last period for the settlement of accounts during his/her term of office, the term shall be extended until the closing
The term of office of the auditor shall be until the closing of the ordinary general meeting of shareholders concerning the last period for the settlement of accounts within two years after his/her appointment
On November 24, 2001, the Plaintiff was appointed as a manager at the board of directors of the Defendant on November 24, 2001, and the registration of alteration was made on November 28, 2001.
On September 20, 2007, at the provisional general meeting of shareholders of the defendant on September 20, 200, four shareholders (C 1,300 shares, D 1,100 shares, L 1,00 shares, M 1,60 shares) are present, the previous directors C, M (N prior to the name of each person), D, and auditor are again appointed. On the same day, the board of directors passed a resolution to re-appoint the existing representative director C.
The plaintiff.