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(영문) 수원지방법원안산지원 2013.12.12 2012가합5800
회사에 관한 소송
Text

1. Of the instant lawsuit, the part concerning Defendant J’s claim for confirmation of the absence of shareholder status is dismissed.

2. Defendant.

Reasons

1. Basic facts

A. Defendant I is a stock company established on December 21, 1996 for the main purpose of salt color and salt business (hereinafter “Defendant company”). The corporate register of the Defendant company is registered as the inside director of the Defendant company on November 5, 201, the representative director of the Defendant company on April 7, 201, and the Plaintiff A as the inside director of the Defendant company on May 17, 201. The employees of the Defendant company (hereinafter “Plaintiff B, etc.”) are Plaintiff B, C, D, E, F, G, and H (hereinafter “Plaintiff B, etc.”).

B. The total number of shares issued by the Defendant Company is 60,000 shares, the face value per share is 10,000 won, and the shares were not issued.

C. The main contents of the articles of incorporation of the defendant company are as follows.

Chapter 3. The regular general meeting of shareholders of this company shall be convened within three months from the date following the end of the business year, and the special meeting of shareholders shall be convened whenever necessary.

Article 20 (Exercise of Voting Rights by Proxy) Shareholders may exercise their voting rights by proxy.

Part IV and Article 21 (Number of Directors and Auditors) of the Board of Directors shall be three or more directors of the company, and one or more auditors.

At the temporary general meeting of shareholders of the Defendant Company on December 31, 2011 (hereinafter “instant general meeting of shareholders”), the minutes were prepared to the effect that the resolution was passed by the attendance of shareholders K and Defendant J as follows:

A corporation I holds a special shareholders' meeting at the meeting room of the head office on December 31, 2011.

The number of shareholders present, the number of 12 shareholders present, the number of 49,604 shares, the total number of 60,000 shares, and the representative director (J) of the total number of 60,00 shares held by the chair for the proceedings of this meeting in accordance with the articles of incorporation, shall be divided into the chair for the purpose of the meeting, and shall be so notified that the general meeting was duly established, and shall refer to the following agenda after declaring the opening.

The Chairperson of the Bill No. 1 has partially amended the Articles of Incorporation of the Company.

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