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(영문) 부산고등법원(창원) 2014.11.13 2014나1341
주주총회결의무효확인 등
Text

1. The part of the preliminary claim in the judgment of the first instance shall be revoked;

The defendant's general meeting of shareholders is a resolution made on March 25, 2013.

Reasons

1. Facts of recognition;

A. 1) The Defendant Company issued the common shares of 1,451 for the purpose of sports facility business (golf course business). The Defendant Company owned one share per shareholder and operates a golf course as a shareholder membership system. 2) The Plaintiffs, the Intervenor joining the Defendant (hereinafter “ Intervenor”), and N, P, and K supporting the Intervenor are all the shareholders of the Defendant Company. The Intervenor, N, P, and K (hereinafter “ Intervenor, etc.”) were both the shareholders of the Defendant Company, and the Intervenor, N, P, and K (hereinafter “ Intervenor, etc.”) were appointed respectively at the 12th regular shareholders’ meeting (hereinafter “the instant general shareholders’ meeting”) held on March 25, 2013.

B. 1) The Defendant Company is the Board of Directors on November 13, 2012 (hereinafter “Board of Directors”).

(1) On March 25, 2013, 14:00 Defendant Company’s clubs held the instant general meeting; and (2) the resolution on appointment of executive officers to be held at the instant general meeting of shareholders (hereinafter “resolution of the instant general meeting of shareholders”).

(3) The advance polling on the resolution of the general meeting of shareholders of this case (hereinafter referred to as the “advance polling of this case”) shall be organized by an election commission.

The period of advance polling is “from 24 days before the date of the general meeting of shareholders”; the advance polling hours during the advance polling period are extended from 17:0 to 19:0 each. (4) The 50 team per team passed a resolution to provide particularly opportunities for advance polling only to the shareholders members who hold at least one advance polling per team, and the details relating to the advance polling period in the resolution are 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 closing date of advance polling ( March 24, 2013): From 09:00 to 17:00, the Defendant Company organized an election commission consisting of seven members, including the Chairperson D, in accordance with the resolution of the board of directors. The election commission publicly announced the registration of candidates for executives, and the executive officers from January 11, 2013 to January 24, 2013.

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