2. The costs of lawsuit are assessed against the plaintiffs.

A. The Defendant is a stock company with the purpose of collecting and transporting construction waste, and the Plaintiffs are the Defendant’s shareholders.

B. The shares issued by the Defendant prior to the issuance of new shares on June 8, 2010 were 50,000 ordinary shares of 5,000 won per face value. Of them, 6,667 shares were owned by Plaintiff A, 8,333 shares, Plaintiff B, 10,000 shares, and 16,67 shares were owned by each of the Defendant Company.

C. On June 8, 2010, the Defendant issued 40,000 common shares of KRW 5,000 at par value, and completed the registration of modification on June 10, 2010. The above shares were allocated to the Plaintiff A for KRW 10,000, KRW 100 for the Plaintiff, KRW 12,00 for E, and KRW 8,00 for D.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. As the instant issuance of new shares is extremely serious in substance and procedural defect due to the following reasons, the absence of the issuance of new shares itself should be deemed to be the absence of such issuance.

① In the event that the Defendant issues new shares, the class and number of the new shares, the issue price and payment date of the new shares, and the method of acquiring the new shares shall be determined at the general meeting of shareholders. The Defendant prepares a false minutes as if there was a resolution of the general meeting of shareholders to issue 40,000 shares at par value without going through the convocation procedure or resolution procedure of the general meeting of shareholders, and prepares a false document evidencing the subscription of the

② The acquisition price of new shares is not actually paid by the Plaintiffs, E, and D, but the price of new shares is the most likely that the Plaintiffs, E, and D paid the purchase price of new shares with the Defendant Company’s funds of KRW 200 million.

B. (1) In a case where the issuance of new shares is so serious that there is no issuance of new shares due to the procedural and substantive defect in the issuance of new shares, shareholders of a company may nullify the issuance of new shares without express provisions under the Commercial Act.