1. The plaintiff's claim is dismissed.

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

1. Basic facts

가. 피고는 빵, 케�, 과자류 제조 및 판매 등을 목적으로 2014. 11. 7. 설립된 주식회사이다.

On May 16, 2018, the Plaintiff was a person who was in the Defendant’s representative director as of May 16, 2018, and was dismissed from office by a resolution of the Defendant’s board of directors as of August 1, 2018, and was removed from office directors by a resolution of the Defendant’s general meeting of shareholders as of August 23,

B. On May 16, 2018, the Defendant’s articles of incorporation prepared a minutes of a temporary general meeting of shareholders (hereinafter “Minutes of the instant general meeting”) with the content that the amendment of Article 11 of the Defendant’s articles of incorporation was made as follows. On the same day, the minutes of the instant general meeting of shareholders were certified by a notary public as C et al., a law firm and

The minutes of the general meeting of shareholders of this case indicate that D, the spouse of the plaintiff and in-house director, is present and sealed by the representative director.

Article 11 (Preemptive Rights) (1) Shareholders of this company shall have the right to receive allotment of new shares in proportion to the number of shares they hold in issuing new shares.

(2) Notwithstanding the provisions of paragraph (1), in any of the following cases, new stocks may be allocated to persons other than shareholders:

1. Where new stocks are issued by a public offering of new stocks through a resolution of the board of directors under Article 189-3 of the Securities and Exchange Act;

2. Where new stocks are issued by exercising the stock option under Article 189-4 of the Securities and Exchange Act; and

3. Where new stocks are preferentially allocated to members of the employee stock ownership association under Article 191-7 of the Securities and Exchange Act.

4. Where the company issues new stocks to a company affiliated with the company for the introduction of technology;

5. Where a company distributes new stocks to a third party in need of management.

6. Where a company issues new stocks for a foreign investment under the Foreign Investment Promotion Act which is in need of management.

7. Where offering new stocks or causing the underwriter to subscribe for new stocks for the purpose of listing or registering with the Association;

8. Pursuant to Article 192 of the Securities and Exchange Act;