1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

1. Basic facts

A. The plaintiffs are shareholders of the defendant.

B. On October 22, 2018, the Defendant held a temporary general meeting of shareholders (hereinafter “temporary general meeting of shareholders”). On November 22, 2018, the registration was completed on October 22, 2018 that H was appointed as the Defendant’s internal director on the Defendant’s corporate register.

C. Although H did not adopt a resolution to appoint H as a director of the Defendant Company at the temporary shareholders’ meeting of this case as of August 20, 2019, the District Court Decision 2019Da10715 (hereinafter “Special shareholders’ meeting of this case”), H was indicted for the crime of false entry in public electronic records, etc., and the crime of uttering of false entry into public electronic records, etc., and uttering of false public electronic records, etc., on November 2, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 14, and 16, the purport of the whole pleadings

2. As to the legitimacy of the instant lawsuit, the Plaintiffs asserted that there was no resolution to appoint H as an internal director at the temporary general meeting of shareholders of this case, and that there was no interest in confirmation since H had already resigned, and accordingly, the Defendant asserts that there was no interest in confirmation. Accordingly, according to each of the evidence Nos. 2 and 1 in the Defendant’s corporate registry, the Defendant’s registration was completed on October 22, 2018 when H had taken office as the Defendant’s internal director on February 8, 2019, and the registration was completed again on February 6, 2019 that H had resigned as of February 6, 2019. As long as H was no longer in the Defendant’s status as the Defendant’s internal director, there was no interest in seeking confirmation of the absence of a resolution to appoint a director as the internal director at the temporary general meeting of shareholders of this case as of October 22, 2018, and there was no interest in seeking confirmation of the rights relationship between the instant lawsuit and the instant lawsuit.

Supreme Court Decision 96Da24309 delivered on October 11, 1996