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A. (i) On November 7, 2013, the Plaintiff’s establishment of the Defendant, etc. (i) constituted the Defendant, 5 million won in capital, 5,000 won in total per share, and 1,000 shares in total, for the purpose of manufacturing and selling various healthy locations.

At the time of the Plaintiff owned all 1,00 shares of the Defendant.

around September 2015, the Plaintiff concluded a partnership agreement on the operation of the Defendant Company while transferring the Defendant’s 330 shares to C in KRW 330 million.

On January 6, 2016, the Plaintiff resigned from the Defendant’s in-house director position, and on the same day D was the only in-house director of the Defendant.

B. On June 27, 2016, the Defendant’s list of shareholders, on June 27, 2016, stated 670 shares out of 1,00 shares of the Defendant, D, and 330 shares as owned by C, respectively.

(2) On June 27, 2016, the Defendant issued a written resolution to the said shareholders in lieu of the resolution of the general meeting of shareholders, on the premise that the Defendant’s shareholders are D and C2, according to the provisions of the Defendant’s articles of incorporation, the Defendant issued the new shares of KRW 5,000 (total acquisition price of KRW 195,00,00) to the said shareholders in lieu of the resolution of the general meeting of shareholders, and completed the registration of the issuance of new shares on June 28, 2016.

(hereinafter "Issuance of New Shares in this case"). 【No dispute exists, Gap 1, 2, and 3 evidence, Eul 5, 16, 17, 18, 42, and 43 evidence (including all types of numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Judgment on the defendant's main defense

A. The gist of the instant safety defense is that the Plaintiff is not a shareholder in the Defendant’s shareholder registry from the time of the issuance of the instant shares until now, and is not a shareholder of the Defendant. Therefore, there is no standing to seek invalidation of the issuance of the

B. Article 429 of the Commercial Act provides that “The invalidity of issuance of new shares may be asserted only by a lawsuit within six months from the date of issuance of new shares, only by shareholders, directors, or auditors.”