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(영문) 부산지방법원 2018.01.12 2016가단10212
손해배상(기)
Text

1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate from March 3, 2016 to January 12, 2018.

Reasons

1. Basic facts

A. At the time of the establishment of the Defendant, the Defendant, including the shareholder relationship, was a corporation established for the purpose of indoor construction construction business, etc. on October 20, 201, and at the time of establishment, the shareholder composition is as listed below, and C was appointed as auditor.

Plaintiff 30,000 5,000,000 150,000 50% of 50,000 - 40% of 5,000 - 40% of 5,000 - 6,000 - 5,000 30,000 - 10% of 10% of 10% of 6,000 - 30,000 - 30,000 - 10% of 10% of 60,000 - 30,000 -

B. On January 6, 2014, E transferred 6,00 shares of the Defendant owned by it to D, and thereafter registered the Plaintiff and D as a shareholder holding each 30,000 shares (each share 50%) on the shareholder registry. D transferred 3,00 shares of the Defendant’s shares to F on May 30, 2014, and registered D as a shareholder holding 30,00 shares (50 shares), D 27,00 shares (share 45%), F as a shareholder holding 3,00 shares (share 5%) on the shareholder registry. Since F transferred 3,00 shares of the Defendant’s shares owned by it to D on July 31, 2014, it was currently registered as the Plaintiff and D on the shareholder registry with 300,00 shares (share 5%) held by it.

C. The main provisions of the Defendant’s articles of incorporation regarding the general meeting of shareholders, the convening of the board of directors are as follows.

[Chapter 4] Article 22 (Convocation) (1) 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 extraordinary general meeting shall be convened whenever necessary.

(2) A general meeting shall be convened by the representative director by a resolution of the board of directors, except as otherwise provided in statutes.

Article 23 (Notice of Convocation) (1) In convening a general meeting of shareholders, a written notice shall be given to a named shareholder ten days prior to the date, time, place, and the subject matter of the meeting, and to bearer shareholders at least two days prior to the date of the general meeting, or such notice shall be given in electronic form with the consent of each shareholder.

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