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(영문) 서울중앙지방법원 2017.01.24 2016가합555202
주주총회결의부존재확인등
Text

1. The Defendant’s decision to appoint F as an intra-company director at the special shareholders’ meeting on August 12, 2016 is revoked.

2. The plaintiffs.

Reasons

1. Facts of recognition;

A. The status of the parties was established by the Defendant as a company aimed at leasing real estate and conducting warehouse business, and as a net G’s property.

The plaintiff A and the plaintiff C, who are the son of the net G, hold 50% shares of the defendant, and currently holds approximately 0.02% shares of the plaintiff C, the plaintiff B and his wife, as shown in the following table: 50% of the plaintiff C, the defendant's representative director, H, and I and their children, the defendant's executive director, H, and the defendant's wife, and the J, K, approximately 49.98% of the profits of the network G, and the mother of the plaintiff A and H, the f, the mother of the plaintiff A, and H, hold approximately 0.02% shares.

The holding ratio (%) of the shares owned by non-member 1 Plaintiffs A 27,921 46.54%, Plaintiff B 577 0.96%, Plaintiff C 3 Plaintiff C 816 1.14%, 5 H 28,418 47.36%, representative director 6 I 577 0.96%, 7 J 7 J 750.73% 8 K 560.93% 93% 90.02% 60%, total of inside directors 60,000%, respectively.

B. The contents of the Defendant’s articles of incorporation and the current status of officers (1) of the Defendant’s articles of incorporation are as follows, with respect to the general meeting of shareholders, executives and the board of directors, and there is no provision excluding cumulative voting. The resolution of the general meeting of shareholders under Article 19 (Resolution) of the third general meeting of shareholders is governed by the majority of the voting rights of the shareholders present at the meeting, except as otherwise provided in Acts and subordinate statutes or the articles of incorporation. The shareholders under Article 20 (Exercise of Voting Rights) may exercise their voting rights by proxy. At least three directors of the company under Article 22 (Appointment of Directors and Auditors) of the board of directors may exercise their voting rights by proxy. The number of directors of the company under Article 23 (Appointment of Directors) shall be at least one auditor, who are present at the meeting of the total number of issued and outstanding shares, and is appointed by the majority of voting rights. Article 27 (Appointment of Directors)

However, with the consent of all the directors and auditors.

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