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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a corporation established for the purpose of mineral, resource trade, etc., and the Plaintiff is a shareholder of the Defendant Company.
B. On April 21, 2017, Defendant Co., Ltd entered into a contract with Defendant C to transfer pelpellets (raw materials made from crushinging timber or forest by-products and then compressing them in the shape of a small alpit or original pole) business to KRW 70,000,000 in price.
(hereinafter “this case’s transfer of business”). / [Grounds for recognition] The entry of Gap evidence Nos. 1, 2, and 11 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Whether the lawsuit of this case is lawful
A. The Plaintiff’s assertion that the Defendant Company transferred pellets business, an important part of its business, without a special resolution of the general meeting of shareholders under Article 374(1) of the Commercial Act, is null and void.
B. 1) A shareholder of a stock company shall be deemed to have an interest in the management of the company as a shareholder of the company. However, the company's property relationship only has a substantial, economic, general, and abstract interest, and the shareholder shall not have a specific or legal interest. The shareholder may not directly participate in the company's management and may affect the company's business through a resolution of the general meeting of shareholders or by the shareholder's right to supervise the company. Therefore, the shareholder may only file a lawsuit against the director in accordance with certain conditions to maintain the company's act (Article 402 of the Commercial Act), maintain the company's act, or enforce its liability through a representative lawsuit (Article 403 of the Commercial Act), or by participating directly in the transaction with a third party (see Supreme Court Order 200Ma7839, Feb. 28, 2001).