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(영문) 부산지방법원 동부지원 2018.10.17 2017가합107444
주주총회결의취소등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. The defendant is a corporation established for the business of opening and operating the securities market, the KOSDAQ market, the KONEX market and the derivatives market, and the total number of shares issued shall be 20,000,000, and the number of voting shares shall be 17,565,311.

Pursuant to Article 33 of the Framework Act on Labor Welfare, the Defendant has established an employee stock ownership association comprised of the employees belonging to the Defendant (hereinafter “C employee stock ownership association”). The Plaintiff is the representative of C employee stock ownership association, and the Plaintiff is the member of C employee stock ownership association.

C As to the shares held by the employee stock ownership association, the “head of the COSA” corporation is recorded as a shareholder in the register of shareholders, and the number of shares held is 15,029 shares.

B. On October 13, 2017, the Defendant notified the convening of a temporary general meeting of shareholders by stating the purpose and resolution as “the proposal under subparagraph 1: one chief director - one outside director - one outside director - one outside director - three members recommended by external agencies of the KOSDAQ Committee - three members recommended by external agencies of the KOSDAQ Committee - the convening of the instant general meeting of shareholders on October 31, 2017. The Defendant sent the notice of convening the above convocation, accompanied by the letter of attendance, proxy voting rights, and documents stating the purpose, and did not attach documents necessary for the exercise of voting rights by shareholders in writing.

3) The shareholders’ general meeting of this case attended [17,565,311 shares with voting rights]. The shareholders’ general meeting of this case held that 29 shareholders (16,892,497 shares with 17,565,311 shares with voting rights (8.16%) of the total number of 8,916 shares present at the C employee stock ownership association, with the total consent of all the shareholders present (96.08% of the number of shares with voting rights) excluding the opposition of some (no specific number) among 8,916 shares present at the C employee stock association.

C. Of the relevant articles of incorporation provisions, convening a general meeting of shareholders.

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