1. The instant lawsuit shall be dismissed.

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

1. Whether the lawsuit of this case is legitimate

A. This part of a lawsuit seeking dismissal of the representative director constitutes a lawsuit for formation aimed at changing and forming the existing legal relations. A lawsuit for formation may be brought only where the law expressly provides for the removal of directors. Article 385(2) of the Commercial Act, which applies mutatis mutandis to a director of a limited liability company pursuant to Article 567 of the Commercial Act, provides for the removal of directors, and there is no express provision concerning the removal of the representative director.

In addition, since the representative director is based on the premise that he/she is a director, he/she can deprive him/her of his/her position through a lawsuit to dismiss the director, and thus, he/she has no interest in filing a lawsuit to dismiss the representative director.

Therefore, this part of the lawsuit is unlawful because there is no legal basis or there is no benefit of the lawsuit.

B. Where the Plaintiff seeking the removal of a director from office as part of a claim for removal of director against the company and only one of the parties to the company and the director filed a lawsuit for removal of director, even if a final and conclusive judgment in favor of the director has been rendered, such res judicata does

In addition, the other parties are not provided with the opportunity to dispute in the lawsuit or cause unreasonable results that lead to different conclusions in each lawsuit separately conducted.

Ultimately, a lawsuit for removal of directors is an action for the formation of a legal relationship between the company and the director, i.e., a lawsuit for the resolution of a delegation relationship, and constitutes an essential co-litigation that requires a consolidated decision of judgment for both the company and the director who are a party

Therefore, this part of the lawsuit brought by the Plaintiff against the Defendant, who is a director, is unlawful.

2. It is so decided as per Disposition by the assent of all participating Justices, since the lawsuit of this case is unlawful.