1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The defendant is a company with the purpose of civil engineering and construction work, and the plaintiff is the defendant's shareholder.

B. On February 1, 2016, the Defendant held a temporary general meeting of shareholders, and dismissed the Plaintiff, a director, and the Plaintiff’s wife D from office on the ground that the term of office expires, and appointed C as an internal director.

(hereinafter “General Meeting of Shareholders of this case”). [Grounds for recognition] The fact that there is no dispute, Eul’s evidence No. 2, fact-finding reply by the Suwon District Court, and the purport of the whole pleadings.

2. The plaintiff's assertion that the shareholders' general meeting of this case was not notified of the convocation of the shareholders' general meeting and appointed C as an internal director according to false shareholders' list and minutes of the shareholders' general meeting and dismissed the plaintiff and D. Accordingly, the plaintiff's claim for confirmation is sought because there is no resolution

3. The defendant's judgment on the main defense against the defendant's main defense is changing to the safety claim that there is no benefit of confirmation since C has resigned from the inside director.

However, in a lawsuit seeking the non-existence or invalidity of a resolution of the general meeting of shareholders or the revocation of such resolution, if all the officers appointed by the resolution fail to take office or resign from the position, and thereafter a new officer appointed by the resolution of the general meeting of shareholders is elected and the registration of appointment has been completed, the new resolution of the general meeting of shareholders shall not be deemed to have no benefit of lawsuit seeking the non-existence or invalidity of the resolution or the revocation of the resolution, even though there is any defect in the procedure other than the defect in the general meeting of shareholders which is called the general meeting of shareholders, which is called by the non-entitled person, or the content defect, or the revocation of the resolution, unless there are special circumstances such as where the new resolution of the general meeting of shareholders is deemed to be non-existence or nullity due to the defect in the contents, or where there is any defect in the resolution of the former director, barring special circumstances such as the revocation of the resolution (see Supreme Court Decision 94Da50427, Feb. 24, 1995).