1. The plaintiff's claim is dismissed.

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

1. Determination on the defense prior to the merits

A. Summary of the Defendant’s defense prior to the merits 1) The instant lawsuit is brought by the Plaintiff (hereinafter “Plaintiff Company”).

A) A suit is instituted against the Defendant, who is the representative director of the Plaintiff Company. In this case, an auditor shall represent the Company in connection with the suit in accordance with Article 394(1) of the Commercial Act. The instant suit was brought on May 10, 2019 by an auditor retired on March 26, 2019, pursuant to Article 394(1) of the Commercial Act, and was brought on May 10, 2019. (2) In the event an auditor retires from office upon expiration of his/her term of office, the auditor is entitled to the rights and duties of the auditor, until

(Article 415 and Article 386 of the Commercial Act). The Plaintiff Company is merely 150,000 won capital and does not appoint auditors pursuant to Article 409(4) of the Commercial Act. However, Article 31(2) of the Articles of incorporation of the Plaintiff Company provides that the appointment of auditors is not essential.

Plaintiff

The number of auditors under the statutes and articles of incorporation of the company shall be three.

3) Even if an auditor C retires at the expiration of the term on March 26, 2019, it cannot be deemed that the auditor has the right and duty of an auditor until the auditor newly appointed as the auditor has been appointed. Accordingly, the instant lawsuit is unlawful as a lawsuit instituted by a person who has no power of representation. B. According to the evidence No. 2, Article 31 of the Articles of incorporation of the Plaintiff Company provides for the number of directors and auditors as follows:

Provided, That where at least three directors are elected, the board of directors shall be comprised.

(2) No auditor of this company may be appointed.

Provided, That where an auditor is appointed, at least one auditor shall be appointed.

(3) Where the capital of this company is at least one billion won, not less than three directors, and not less than one auditor shall be appointed.

In the case of the Plaintiff Company, an auditor shall be appointed as stated in the above Articles of Incorporation.