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(영문) 대전지방법원 천안지원 2018.08.08 2018가단100829
청구이의
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was a shareholder of 10,00 common shares of the Defendant around May 16, 2016. (2) The Defendant is a corporation mainly engaged in the manufacture, sale, service business, etc. of electronic, electric, electric, and heat machinery and parts thereof.

B. On February 12, 2016, a shareholder proposal C (hereinafter “Nonindicted Company”) sent to the Defendant a shareholder proposal stating that “D as a candidate for inside directors whose term of office expires, and as a candidate for outside directors E respectively, the Defendant recommended D and E as a candidate for the general shareholders’ meeting dated March 24, 2016 (hereinafter “instant general shareholders’ meeting”) to include D and E as a candidate for the election of inside directors and outside directors, respectively.”

(hereinafter referred to as “instant shareholder’s proposal”) C.

The Defendant refused to propose the instant shareholders’ proposal on March 8, 2016 at the meeting of the board of directors of the Defendant, which was held on March 8, 2016, rejected the instant shareholders’ proposal on the grounds that the instant proposal is not for the benefit of the entire shareholders, but for the Intervenor’s unfair market profit. The Defendant decided to convene the instant general meeting of shareholders on the basis of the objective of the meeting, including the matter on which the Defendant’s F

On the same day, the defendant notified the convocation of the shareholders' general meeting of this case in accordance with the above resolution, and did not notify the shareholders' proposal of this case.

The Defendant, on March 24, 2016, held the instant general meeting of shareholders. On March 24, 2016, the instant general meeting of shareholders, at the general meeting of shareholders, 585 shareholders holding 30,659,79 shares out of the total number of outstanding shares, made a resolution with respect to appointing F as internal directors and G as outside directors with the consent of all shareholders present at the general meeting of shareholders (hereinafter “instant general meeting of shareholders”).

E. On May 16, 2016, the Plaintiff filed a lawsuit seeking revocation of the resolution of the general meeting of shareholders of this case against the Defendant as Daejeon District Court Branching 2016Gahap496.

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