1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Determination on this safety defense

A. As to the Defendant’s assertion that the Plaintiff claimed damages due to the tort of occupational embezzlement against the Defendant, the Defendant asserts that the instant lawsuit filed by E as the representative is unlawful, since the Plaintiff’s resolution of extraordinary general meeting that appointed E as the president of the Plaintiff is null and void.

B. The facts of recognition 1) E filed an application with the Seoul Southern District Court 2016Kahap20031 on February 3, 2016 for the provisional disposition of suspending the performance of duties against the Plaintiff and four other parties E on the ground that the Plaintiff was appointed as the president at the special meeting of the Plaintiff on November 30, 2015 (hereinafter “instant provisional disposition”), and on March 21, 2016, “E shall not perform the duties of the president of each of the above partnership; the remaining debtors shall not perform the duties of the director of each of the partnership”; and on May 12, 2016, “the appointment of the Plaintiff’s acting director as the Plaintiff’s acting director during the suspension period of performance of duties” (hereinafter “instant provisional disposition order”).

3) Accordingly, E, etc. filed an objection to a provisional disposition with the above court 2016Kahap20106 regarding the instant provisional disposition, but on May 12, 2016, upon which the instant provisional disposition was rendered, the Seoul High Court appealed 2016Ra20577 with respect to the said provisional disposition, but the appeal was dismissed on October 21, 2016. (4) The Plaintiff’s legal representative submitted the instant complaint upon the delegation of the Plaintiff’s president’s lawsuit, but thereafter, on March 4, 2016, the Plaintiff’s legal representative C entrusted the Plaintiff’s legal representative to the Plaintiff’s legal representative on July 14, 2016, and the Plaintiff’s legal representative applied for the correction of the Plaintiff’s “representative E” as the “Representative E’s representative’s “C” on July 20, 2016.

5 However, F. F.