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(영문) 창원지방법원 2014.04.23 2013가합1990
주주총회결의무효확인 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant Company is a company that issued 1,451 common shares for the purpose of sports facility business (golf course business). The Defendant Company owns one share per shareholder, and operates a golf course as a shareholder system. The Plaintiffs are the shareholders of the Defendant Company.

B. On November 13, 2012, the Defendant Company held a board of directors (hereinafter “Board of Directors”) and held the 12 regular shareholders’ meeting at the clubs of the Defendant Company at the 14:00 on March 25, 2013 (hereinafter “instant general shareholders’ meeting”). ② In order to appoint executive officers to be conducted at the instant general shareholders’ meeting, the instant general shareholders’ meeting is organized; ③ the advance polling period at the 24 weeks prior to the date of the instant general shareholders’ meeting is extended from 17:0 to 19:0, respectively; ④ the advance polling period during the advance polling period is extended from 17:0 to 19:0 to induce many shareholders to exercise their voting rights directly; ④ the 50 team of the advance polling period is to provide special opportunities only to the shareholders members who have given at least one advance polling per team. The resolution regarding the advance polling period is as follows.

1. Advance polling period: From March 1, 2013 to March 1, 2013

3. 24. (24 days)

2. Advance polling time;

A. From March 1, 2013 to March 23, 2013: From 09:00 to 19:00

(b) The advance polling closing date ( March 24, 2013): From 09:0 to 17:00

C. According to the resolution of the board of directors of this case, the Defendant Company constituted seven election commissions consisting of the chairperson D, etc., and the election commission received the registration of candidates for executives from January 11, 2013 to January 24, 2013. The Plaintiff and D received the registration of candidates for executives from January 11, 2013 to January 24, 2013. The Plaintiff and D were registered as candidates for the appointment of one representative director, the candidates for the appointment of ten directors from Plaintiff B, and the candidates for the appointment of two auditors, E, and F, respectively.

The Defendant Company shall hold a board of directors on February 5, 2013 and shall be limited to only one time per shareholder member who holds advance polling.

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