1. A resolution adopted by the Defendant on September 21, 2015 by a general meeting of shareholders to appoint C, D, and E as internal directors, and F as auditors.

Plaintiff’s assertion

The general meeting of shareholders of this case adopted a resolution to appoint directors G, auditors as directors of each company, and F as auditors, respectively, to dismiss the Plaintiff at each of the instant general meeting of shareholders.

However, since the general meeting of shareholders of this case was held by a person other than the representative director without a notice of convocation of G holding 7,454 shares (9.74%) from among the defendant's total shares 795,000 shares and 77,454 shares (9.74%) and 401,74 shares (53%), the above resolution of dismissal and appointment is null and void.

Judgment

The plaintiff is a shareholder holding 7,454 shares issued by the defendant among 795,00 shares issued by the general meeting of the shareholders of this case, and a resolution appointing C, D, and E as an internal director, and F as an auditor (hereinafter the "resolution of this case"). However, the general meeting of shareholders of this case was held by I, J, etc. other than H, the representative director of the defendant at the time of the general meeting of shareholders of this case, and there is no dispute between the parties or parties, considering the overall purport of the arguments in the evidence No. 2 and evidence No. 6, the resolution of this case was held by a general meeting of shareholders held by a person who is not a legitimate convening authority (see Supreme Court Decision 86Da553, Apr. 28, 1987).

Although the defendant asserts that at the request of inside directors G, I, etc., the defendant entrusted the authority to convene the general meeting of this case to him, the above argument is without merit, since there is no evidence to acknowledge it.

The Plaintiff’s assertion on the confirmation of invalidity of the dismissal resolution was made at the general meeting of shareholders of this case, and there is no evidence to acknowledge that the resolution to dismiss the Plaintiff from the auditor was made at the general meeting of shareholders of this case, and rather, considering the overall purport of the pleadings as a whole in the items of evidence No. 1 and No. 6, G with which the Defendant’s audit and in-house directors were the auditors and in-house directors.