1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

1. Progress of the case

A. On November 23, 2016, the Plaintiff (hereinafter “Plaintiff”) filed a lawsuit seeking confirmation of invalidity of the issuance of new shares on September 30, 2016, with the Defendant’s auditor E as the Defendant’s representative, under the Plaintiff’s shareholder and director’s qualification as the Defendant (Defendant; hereinafter “Defendant”) and filed a lawsuit seeking confirmation of invalidity of the issuance of new shares on September 30, 2016.

However, on June 3, 2016, the Seoul East Eastern District Court 2016Kahap10144 decided provisional disposition E’s execution of audit duties was suspended (Evidence 1 and 3). On January 16, 2017, the Seoul East Eastern District Court 2016Kahap1045 decided as the auditor’s acting director(Evidence 5) and D responded to the plaintiff’s action on behalf of the defendant.

B. On October 13, 2017, the first instance judgment dismissed the Plaintiff’s lawsuit on the ground that the exclusion period of the lawsuit seeking confirmation of invalidation of new shares was expired after the Plaintiff’s lawsuit was filed at the expiration of six months from the date of issuance of new shares.

The judgment of the second instance, which is a judgment subject to a retrial, was justifiable on May 4, 2018, and dismissed the Plaintiff’s appeal. The Plaintiff’s appeal against the judgment subject to a retrial was dismissed by Supreme Court Decision 2018Da242093 Decided August 30, 2018.

2. Assertion and determination

A. With respect to the assertion regarding the grounds for a retrial under Article 451(1)10 of the Civil Procedure Act, when the plaintiff or the defendant fails to appear on the date for pleading, or fails to present on the merits while present at the court, the court may order the other party present at the court by deeming that he/she stated the written complaint, written answer, and other matters stated in the written brief submitted by him/her, (Article 148(1) of the Civil Procedure Act), and accordingly, the party present at the court by deeming that the waiver or recognition of the claim is stated in the written answer and other legal brief, and when a notarial office has been authenticated by the notarial office, the waiver or recognition of the claim shall be deemed to have been constituted pursuant to such purport (Article 148(2) of the Civil Procedure Act), and