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(영문) 광주지방법원순천지원 2015.07.15 2014가합11377 (1)
주주총회결의 취소 청구 등
Text

1. The defendant

A. On March 21, 2014, the resolution on the agenda set forth in Annex 1, which was made at the temporary shareholders’ meeting on March 21, 201, is revoked and B.

Reasons

1. Basic facts

A. The defendant is a company with the purpose of aggregate wholesale and retail business, and the total number of issued stocks is 105,000 shares.

The Defendant’s list of shareholders on October 1, 2013 entered that D Co., Ltd. holds 61,843 shares (58.9%) and E Co., Ltd. holds 43,157 shares (41.1%) (hereinafter the Defendant’s shareholders are stated only in the name of the company), and on May 7, 2014, the register of shareholders held all outstanding shares.

- - Sound

1. Convocation of a special general meeting;

2. Date and time of a special general meeting of shareholders: At the end of each year.

3. Place: The principal office in Korea;

4. Bills: Appointment and change of directors; and

B. At the time of March 3, 2014, the directors of G, H, and the Plaintiffs were four (4) and among them, G and the Plaintiff were working as joint representative director.

Joint representative director was the shareholder of each defendant, D and E representative director.

On March 3, 2014, the Defendant, a joint representative director, held a meeting of the board of directors on the agenda of “the convening of a temporary general meeting of shareholders due to the change in the “G directors,” among four directors and three plaintiffs, while attending the meeting.

(hereinafter referred to as “the first board of directors of this case”). Minutes of the board of directors prepared at the time include the following resolution:

In the end of the above meeting minutes, the day of the provisional general meeting of shareholders is stated as "the consent is given to the convening on the date designated by the G representative director," and the plaintiffs' signature is affixed next thereto.

C. On March 7, 2014, based on the resolution of the board of directors, the Defendant indicated as follows to D and E, a shareholder on March 7, 2014: 11:30 on March 21, 2014

2. An office located in I in the south of the meeting place.

3. Each notice of the appointment of a director and that of the change of the representative director was sent.

(hereinafter “instant muster notice”). D.

On March 21, 2014, the Defendant held a provisional general meeting of shareholders (hereinafter referred to as “instant general meeting of shareholders”) among shareholders, and the minutes prepared at the time.

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