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(영문) 수원지방법원 2014.11.07 2014가합5510
주주총회결의 취소
Text

1. The Defendant’s general meeting of shareholders on March 28, 2014, appointed C and D as internal directors, and E as outside directors, respectively, and the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a stock company with the objective of manufacturing and selling industrial equipment, and the Plaintiff was appointed as the Defendant’s internal director on March 29, 2013, and the representative director on February 24, 2014.

B. On February 27, 2014, the Defendant decided to hold a regular general meeting of shareholders at 9:00 a.m. (hereinafter “instant general meeting of shareholders”) at 9:00 a.m. on March 28, 2014, issued a public notice of convening the general meeting of shareholders on March 3, 2014. On March 14, 2014, the Defendant issued a corrective public notice of convening the general meeting of shareholders on the following grounds.

A proposal No. 1: A proposal No. 2 for the approval of financial statements: A case No. 8 (No. 1, 2013 to December 31, 2013): 2-1 for the appointment of directors G of 2-2 for the appointment of directors (other intra-company directors after resignation of non-executive directors): No. 2-4 for the appointment of H of 2-3 outside directors: No. 3-1 for the dismissal of 3-2 for the dismissal of K of outside directors: No. 4 for the case No. 5 for the case No. 3-1 for the dismissal of directors: A proposal for the case No. 6 for the approval of the remuneration limit for directors: A case for the modification of the articles of incorporation [No. 6] for the alteration of the articles of incorporation

C.1) On March 11, 2014, J asserted the invalidity of the resolution of dismissal of J from the Defendant’s representative director as the Defendant’s representative director and appointment of the Plaintiff as the Defendant’s representative director. On March 15, 2014, J applied for provisional disposition of suspension of the Plaintiff’s performance of duties as the Defendant’s representative director. On March 15, 2014, the court rendered a decision that the Plaintiff shall not perform the duties of the Defendant’s representative director until the judgment of nullification of the case of nullification of the resolution of nullification of the resolution of the board of directors by J against the Defendant became final and conclusive. 2) In addition, the court asserted as above and filed an application for provisional disposition of status preservation as the Defendant’s representative director as of March 11, 2014, this court rendered a provisional decision of status, etc. as the Defendant’s representative director until the judgment of this case became final and conclusive, etc. on March 25, 2014.

1 The defendant is out of 9,027,00 shares generated on March 28, 2014.

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