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(영문) 대구지방법원 2014.11.20 2014가합4341
주주총회결의 취소
Text

1. The Defendant’s 13th regular shareholders’ meeting on March 21, 2014 as C, D, and E as internal directors, and F as internal auditors, respectively.

Reasons

1. Basic facts

A. The defendant is a company established for the purpose of the ordinary passenger car business, etc., and the plaintiff is a shareholder who holds 20,000 shares out of 143,752 shares of the defendant.

B. On February 14, 2014, the Defendant, holding the board of directors on February 14, 2014, held a regular board of directors on February 14, 2014, and decided that “The date of the regular meeting of shareholders in 2013 shall be February 28, 2014, and C, D, and E shall be recommended as candidates to be appointed from the said regular general meeting of shareholders.” (ii) On February 14, 2014, the Defendant announced the convocation of the 13th general meeting of shareholders on February 14, 2014 as “the date of the regular meeting of shareholders in 2013 shall be February 14, 2014, the 13th regular meeting of shareholders shall be held for the purpose of the meeting of the representative director and executive officers, etc.” and the 313th regular meeting of shareholders shall be held for 30/30/14/30/30/30/314/28, 2014.”

3) On February 18, 2014, seven persons, including G, etc., requested the Defendant to adopt the method of election of representative directors and executives as a concentrated voting system pursuant to Article 382-2 of the Commercial Act and Articles 24(1) and 27(1) of the Defendant’s Articles of incorporation.

B) On February 21, 2014, the head of the Defendant’s private partnership requested the Defendant to limit the appointment of directors by concentrating vote pursuant to Article 24(1) of the Defendant’s articles of association, and the new candidate for directors pursuant to Article 24(5) of the above articles of association to “a person who has received consent from shareholders of at least 10% of the Defendant’s members of the employee stock ownership association, or a person who has paid a provisional payment of at least 30 million won.” (4) On February 21, 2014, the Defendant held a temporary board of directors and announced a temporary board of directors on February 21, 2014 to appoint three directors, and one auditor, respectively. (1) The amount of investment that meets the requirements of Article 24(5) of the Defendant’s articles of association shall be at least 30,000 won, ② the number of years of continuous employment shall be recommended to be at least 10% of the total number of shareholders (as of December 159).

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