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(영문) 수원지방법원안산지원 2013.12.12 2012가합6858
주주총회결의취소 등
Text

1. Of the instant lawsuit, the part of the claim for confirmation of the absence of shareholder status against Defendant K is dismissed.

2. Defendant.

Reasons

1. Basic facts

A. Defendant J is a stock company established on December 21, 1996 for the main purpose of salt color and salt business (hereinafter “Defendant company”); on the corporate register of the Defendant company, Defendant K was registered as the internal director of the Defendant company on November 5, 2010; on April 7, 201, the representative director of the Defendant company; on May 17, 201, the Plaintiff A was a internal director of the Defendant company on May 17, 201; and on May 17, 201, the Plaintiff I was dismissed through a resolution of a temporary general meeting of shareholders on July 3, 2012; on July 4, 2012, the registration of dismissal was completed.

Plaintiff

B, C, D, E, F, G, and H are employees of the Defendant Company.

B. The total number of shares issued by the Defendant Company is 60,000 shares, the face value per share is 10,000 won, and the shares were not issued.

C. The main contents of the articles of incorporation of the defendant company are as follows.

Chapter 3. 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 special meeting of shareholders shall be convened whenever necessary.

Article 20 (Exercise of Voting Rights by Proxy) Shareholders may exercise their voting rights by proxy.

Part IV and Article 21 (Number of Directors and Auditors) of the Board of Directors shall be three or more directors of the company, and one or more auditors.

On December 31, 201, the defendant company held a temporary general meeting of shareholders on December 31, 201 without undergoing a resolution of the board of directors to hold a general meeting of shareholders and a notice of convening a general meeting of shareholders, and made a resolution with the following contents recorded: “The number of directors of the defendant company shall be at least one person.”

J Co., Ltd. holds a provisional shareholders' meeting at the meeting room of its head office on December 31, 2011.

The number of shareholders present at the meeting, 49,604 shares of the total number of 12 shareholders present at the meeting, and 60,000 shares total number of 60 shares representative directors (K) shall be divided into the chair for the purpose of this meeting in accordance with the articles of incorporation.

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