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(영문) 서울남부지방법원 2016.02.05 2015가합6075
주주총회결의 부존재확인
Text

1. The plaintiff A's lawsuit shall be dismissed.

2. The plaintiff B's claim is all dismissed.

3. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiff A was appointed as the Defendant’s intra-company director on August 9, 2012, and the Plaintiff B owned 6,400 shares of the Defendant (40% of the total number of shares issued).

B. G holding 1,600 shares (10%) among the Defendant’s shares issued by the Defendant’s decision to permit the convocation of a general meeting of shareholders, and H/1,600 shares (10%) holding 80 shares (5%) (10%) were requested to the Defendant to convene a special general meeting of shareholders on March 6, 2015 and on March 24, 2015, on the ground that the Defendant did not hold a provisional general meeting of shareholders, but the Defendant applied for a temporary general meeting of shareholders as Seoul Southern Southern District Court 2015 non-hap10014.

On August 11, 2015, the above court rendered a decision to permit the convocation of the instant general meeting of shareholders (hereinafter referred to as “decision to permit the convocation of the instant general meeting of shareholders”) on August 11, 2015, which is the subject of “case of the appointment of the Speaker pro tempore” and “case of the appointment of inside directors against E, F, and D”. (c) on August 20, 2015, G, H, and E were notified to the Defendant’s shareholders on August 20, 2015 upon the instant decision to permit the convocation of the general meeting of shareholders, that the special meeting of shareholders is to be convened on September 4, 2015, and that the said notice of convening the general meeting of shareholders reaches all the Defendant’s shareholders.

2. The defendant's general meeting of shareholders on September 4, 2015 (hereinafter "the general meeting of shareholders of this case") is "the general meeting of shareholders of this case

Plaintiff B, G, H, E, and shareholder I (7% of the total number of outstanding shares, 480 shares, 3% of the total number of shares), and J (2,400 shares, 15%) were present, and F was present as proxy of shareholders K (2,400 shares, 15%) and shareholders L (1,600 shares, 10%) were not present. 3) A resolution was made to appoint the Speaker pro tempore pro rata as Speaker for the instant general meeting of shareholders was made to appoint D as Speaker for the Speaker for the instant case.

4 The agenda item for the appointment of inside directors of the shareholders' general meeting of this case was carried out by the Speaker pro temporeD, and a resolution was made to appoint D, E, and F as inside directors, respectively, with each of 7,520 shares, opposing 6,880 shares.

When the general meeting of shareholders of this case is held.

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