Text
1. The board of directors held by the Defendant on May 18, 2016, dismiss the Plaintiff from the representative director and appoint C as the representative director.
Reasons
1. Facts of recognition;
A. The status of the party is a limited company located in Jeonju-si for the purpose of construction business, reinforced concrete construction business, etc., and the Plaintiff was appointed as the Defendant’s director and the representative director on July 5, 2012.
As of May 3, 2016, total number of equity shares of the defendant as of May 3, 2016 is 130,000, and the register of members is as follows:
The equity ratio (%) 1 C 41,730 32.10 2D 23,595 18.15 E 23,270 17.90 4 Co., Ltd. 21,905 5 G 19,505 19,50 15.00 130,000.0
B. On May 3, 2016, the Defendant: (a) held a general meeting of partners on May 3, 2016, and passed a resolution to dismiss the Plaintiff from directors and representative directors with the consent of three members (3,6.85% in total of the shares in C, E, F, and investment) by holding five members, and with the consent of three members (6.85% in total), and (b) appointed E as the Defendant’s director and representative director.
In accordance with the above general meeting of members, the defendant applied for the registration of change of representative director in the indictment of all-round district court on the same day.
The parts related to the election of a general meeting of members or an executive officer in the defendant's articles of incorporation attached to the above application for registration (amended by May 11, 201; hereinafter "the articles of incorporation of this case") are as follows:
Article 10 (Convocation of General Meeting) The convocation of General Meeting shall be convened by the representative director and dispatched to each member five days prior to the date set for such meeting.
Members who hold contribution units representing not less than 5/100 of the capital may request the convocation of a general meeting of members by submitting to the representative director a document stating the purpose of the meeting and the reasons for convening the meeting.
Except as otherwise provided for in Acts and subordinate statutes, a resolution at a general meeting of members under Article 12 (Method of Resolution) shall be adopted by any partner who holds a majority of the total members' right to vote and by 3/4 of the total members' right to
Article 16 (Directors) A company shall have not less than three directors.
The directors and auditors of the company to be appointed under Article 17 (Methods of Appointment) shall be appointed at the general meeting of members.