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(영문) 인천지방법원 2014.10.22 2012가합17918
주주총회결의부존재확인
Text

1. It is confirmed that there is no resolution of the special shareholders' meeting listed in the defendant's attached list.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The defendant is a stock company with an engineering work business, building work business, etc.

Plaintiff

On March 31, 2010, A was appointed as Defendant Company Director and Joint Representative Director, Plaintiff C was appointed as Defendant Company Director on the same day, and each registration of appointment was completed on April 2, 2010.

B. Around May 7, 2012, there was a resolution of the Defendant’s provisional shareholders’ meeting with the following content.

In accordance with the resolution of the above provisional shareholders' meeting, the registration of the dismissal of the joint representative director and inside director was completed on May 8, 2012 with respect to plaintiffs A and C.

(hereinafter referred to as “instant general shareholders’ meeting”). The date and time of the minutes of the special shareholders’ meeting: 09:00 on May 7, 2012: the general shareholders’ meeting is held at the office of the principal office of the company.

The chairperson of the 205,000 shareholders' total number of shares, three shareholders present at the 205,000 shares, and 161,950 shares present at the 161,950 shares held by the Speaker in accordance with the articles of incorporation, and the shareholders present at the 161,950 shares, so the general meeting was duly constituted, and after notifying that the meeting was duly constituted, the general meeting was presented,

The chairperson of the agenda of subparagraph 1 and the dismissal of the auditor is a clerical error in the company's inside director F and in-house director G(A) of the company.

Since in-house directors C and auditors H have committed an unlawful act in connection with their duties, it is reasonable to dismiss them inevitably, and they are resolved in a unanimous manner with all of them.

The chairperson of the agenda of subparagraph 2 and the appointment of auditors shall be the clerical error in the internal directors F and in the internal directors GA.

Since inside directors C and auditors H are dismissed, in-house directors I resign, and in-house directors J have expired, their selection method is required to be selected in order to do so, and in-house directors' appointment method is excluded from being elected by a secret vote in an indefinite term, it will be elected as follows.

The appointment of internal directors J in-house directors LA director M: Provided, That the appointment of auditors is more than 3/100 of the total number of shares issued in accordance with Article 409 of the Commercial Act.

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