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(영문) 대구지방법원 2016.02.18 2015가합203114
주주총회결의취소
Text

1. A resolution that sets forth C’s remuneration of KRW 87,240,000 at a general shareholders’ meeting on March 17, 2015.

Reasons

1. Basic facts

A. The status of the parties is a company established on April 23, 1999 for the purpose of consignment sale, incidental business, and business related to distribution of Cheongchip. D is the defendant's representative director, C is the defendant's internal director, and the plaintiff is the defendant's shareholder who holds the defendant's shares as follows.

B. C 103,079 E 5,335 Plaintiffs 38,086 F 5,12 G 6,375 H 4,268 D 6,300 I 3,735 J 6,935 K 3,730 6,300 N 3,735 N 6,7300 3,7300 3,7300 6,730 6,300 6,300 6,300 6,300 6,300 6,300 as of March 17, 2015, the shareholders status are as follows:

(A) Evidence No. 2) (c)

(1) The defendant's articles of incorporation provides that the remuneration of directors shall be determined by the general meeting of shareholders (Article 46 of the defendant's articles of incorporation and Article 388 of the Commercial Act), and the resolution of the general meeting of shareholders shall be the majority

(2) On March 17, 2015, the Defendant held a general meeting of shareholders with the approval of the settlement of accounts in 2014 (No. 1) and the approval of the business plan and budget (No. 2) in 2015 (the proposal) as an agenda item.

(3) The above general meeting of shareholders attended the meeting by five shareholders, including Plaintiff C (which shall be delegated by J, L, P), D, N, and K.

(F) Of the bills set forth in subparagraph (4) 2, the payment of the remuneration of KRW 171,00,000 to D who is the representative director of the defendant among the bills set forth in subparagraph (2) was proposed as a separate agenda, and the plaintiff opposed to D and D, but C and D had the right to pass a resolution of approval with C and N, and the payment of the remuneration of KRW 87,240,00 to inside directors was made with the consent of C and D, and the payment of the remuneration of KRW 87,240,00 to inside directors was not separately proposed, but the plaintiff was included in the expenditure budget (draft) resolution, and the decision was made with consent

Among them, the approval resolution on D's remuneration is about D's remuneration resolution on D's remuneration, and C's approval resolution on C's remuneration in the bill of No. 2 is about C's remuneration.

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