The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

1. The court's explanation on this part of the facts of recognition is the same as the reasons stated in Paragraph 1 of the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure

2. The Plaintiff’s assertion as to the cause of the claim was that the Defendant, the total capital of which is less than one billion won, and, when convening a general meeting of shareholders pursuant to Article 363 of the Commercial Act, held the instant general meeting without any convocation procedure despite the fact that each shareholder is notified in writing ten days prior to the convocation of the general meeting.

Therefore, this case’s resolution cannot be seen as having existed in the convocation procedure of the general meeting. Therefore, this case’s resolution is sought to confirm the absence of such resolution.

Even if the defect does not reach the degree of absence of the resolution, the resolution of the general meeting of shareholders in this case is in violation of the legislation.

3. The defendant's judgment on the defense of safety at issue is ratified by the resolution of a new general meeting of shareholders convened in accordance with legitimate procedure, and thus, the plaintiff's lawsuit seeking confirmation or revocation of non-existence of the resolution of the general meeting of shareholders is unlawful as there is no interest. However, as seen earlier, the defect of the resolution of the general meeting of shareholders at issue asserted by the plaintiff constitutes grounds for revocation, and thereafter, the resolution of the general meeting of shareholders at issue becomes retroactively effective by legitimate ratification of the resolution of the general meeting of shareholders at issue through a new resolution of the general meeting of shareholders at issue. Thus, the plaintiff cannot be deemed to have no interest to seek confirmation or revocation of the

4. Judgment on the merits

A. The primary claimant did not give a notice of convening a meeting in writing to the general meeting of shareholders of this case and did not give a notice of convening a meeting to the plaintiff who is a shareholder.