1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. 1) The Defendant is a stock company established for the purpose of the manufacture, sale, and service business of electronic and electrical organizations and related organizations and their parts and issued share certificates listed on the securities market, and the Plaintiff is the Defendant’s shareholder. 2) On December 1, 2014, the Defendant passed a resolution to appoint G as internal directors and the Plaintiff as auditors at a general meeting of shareholders held on December 1, 2014.

B. On March 13, 2015, G and the Plaintiff filed a lawsuit against the Defendant seeking confirmation of the status of director and auditor when requesting the Defendant to conclude an employment contract for director or auditor with the Plaintiff, etc. (1) G and the Plaintiff. The Plaintiffs won the first instance court (Seoul High Court 2015Na62664) but the appellate court (Seoul High Court 2015Na207120) decided on August 18, 2016 that “in-house director or auditor was elected from a general meeting of shareholders as an internal director or auditor, and the Defendant’s representative director did not yet make an employment contract with G and the Plaintiff, so it cannot be deemed that the employment contract was not yet concluded between G and the Defendant, and thus cannot be deemed that the Plaintiff acquired the status of director or auditor of the Defendant’s internal director or auditor,” on the grounds that “G submitted the Defendant’s status of director or auditor, and both Plaintiff G and Defendant 201 were dismissed.”

On March 23, 2017, the Supreme Court (Supreme Court en banc Decision 2016Da251215) ruled that “The status of a director or auditor shall be acquired as a director or auditor regardless of whether the appointed person has entered into a separate appointment contract with the representative director,” and reversed the judgment of the court below by changing the previous legal principle and reversing the judgment of the court below.

C. On March 2, 2017, the Defendant held a general meeting of shareholders of this case.