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(영문) 서울남부지방법원 2016.02.05 2015가합6501
이사회결의 부존재확인 등
Text

1. Of the plaintiffs' lawsuit, the second preliminary claim part, and the plaintiff B's lawsuit, the board of directors of September 19, 2015 shall D.

Reasons

1. Facts of recognition;

A. The Plaintiff A was appointed as the Defendant’s internal director on January 9, 2015, and was appointed as the Defendant’s representative director on April 25, 2015, and Plaintiff B was appointed as the Defendant’s internal director on August 9, 2012.

B. G holding F, F, 1,600 shares (5%) owned 1,60 shares (10%) among the Defendant’s shares issued by the Defendant’s decision to permit the convocation of a general meeting of shareholders, and F, 1,600 shares (10%) owned 1,60 shares (5%) were required to the Defendant to convene a special general meeting of shareholders on March 6, 2015 and on March 24, 2015, on the ground that the Defendant did not hold a provisional general meeting of shareholders, but the Defendant applied for a temporary general meeting of shareholders as Seoul Southern Southern District Court 2015 Non-hap10014.

On August 11, 2015, the above court decided to permit the convening of the instant general meeting of shareholders, where “the appointment of Speaker pro tempore” and “the appointment of internal directors toG, H, and D” are the subject of “the appointment of internal directors.”

C. On September 4, 2015, hereinafter referred to as “the shareholders’ meeting of this case”) is the shareholders’ meeting of this case.

(1) On August 20, 2015, E, F, and G notified the Defendant’s shareholders to convene a temporary general meeting of shareholders, namely, appointment of the Speaker pro tempore and appointment of internal directors on September 4, 2015, based on the instant decision to permit the convocation of the general meeting of shareholders. On the following day, the notice of convening a temporary general meeting of shareholders reached all the Defendant’s shareholders.

2) The shareholders’ general meeting of this case attended E, F, G and shareholders I (40% of the total number of issued shares, 40% of the total number of issued shares), J (1,120, 7%) and K (480, 3%) as shareholders L (2,400 shares, 15% of the shares), H attended as shareholders’ representatives, and shareholders M (1,600 shares, 10% of the shares, and 10% of the shares were not the shareholders M (1,60 shares, 10% of the shares). 3) The resolution was made to appoint D as the Speaker pro tempore, who is the 7,520 shares, opposing 6,80 shares.

4 The agenda item for the appointment of internal directors at the general meeting of shareholders of this case was carried out by the Speaker pro temporeD, and a resolution was made to appoint D, G, and H as each internal director, respectively, with 7,520 shares, opposing 6,880 shares.

September 19, 2015

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