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(영문) 부산고등법원(창원) 2017.10.12 2016나403
손해배상(기)
Text

1.The judgment of the first instance court, including the claims expanded and reduced in this Court, shall be modified as follows:

Reasons

1. Basic facts

A. 1) The Plaintiff Company is a company for the purpose of sports facility business (a golf course business) and operates a golf course as a shareholder membership system. The total number of shareholders is 1,451.2) The Defendant was elected as the representative director at a regular general meeting of shareholders held on March 25, 201 as a shareholder of the Plaintiff Company. The Defendant was again elected as the representative director at a regular general meeting of shareholders held on March 25, 201 (hereinafter “instant general meeting of shareholders”) held on March 25, 2013, but the said performance of duties was suspended on March 27, 2015.

B. On November 13, 2012, the Plaintiff Company, including the right to exchange goods of the Plaintiff Company, etc., shall hold a board of directors to extend the advance polling period to the “24 days prior to the date of the general meeting of shareholders” to the “24 days prior to the date of the general meeting of shareholders”; a resolution to extend the advance polling period within the advance polling period to “17 hours prior to the date of the general meeting of shareholders”; and a resolution to extend the advance polling period from “17 hours prior to the date of the general meeting of shareholders” to “19 hours prior to the date of advance polling; and only once per shareholder who has the advance polling

3. A resolution was made to make reservations available during the 24th Preliminary reservation period (07:33~13:03). On February 5, 2013, a board of directors was held again on February 5, 2013, and only once per shareholder who makes advance polling in relation to the general meeting of shareholders of the instant case, one advance polling period, which is March 1, 2013, which is the advance polling period.

3. Around 24. Preliminary reservation (07:3~13:03) made it possible to make reservations during the 24. Preliminary reservation time, and, if the advance polling is not in place, it may be transferred to another person, and even after the general meeting of shareholders of this case, the general meeting of this case decided to provide the shareholders who make advance polling and direct voting with an opportunity to make reservations once, and to provide a right to exchange goods equivalent to KRW 200,000, which can be used as a means of payment for admission fees or purchase of goods from the Plaintiff

2. In accordance with the above resolution, 942 shareholders who actually participated in advance voting at the general meeting of shareholders of this case, and 18 shareholders who have made direct voting.

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