1. The instant lawsuit shall be dismissed.

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

Facts of recognition

The defendant is a district C Cooperatives established under the Fisheries Cooperatives Act (hereinafter referred to as the "C Cooperatives"), and the defendant's articles of association stipulate that the defendant's executive officers shall have one standing president, one standing director, six non-standing directors, and two auditors, who are three years of office.

On April 1, 2017, the plaintiff was appointed as the defendant's non-standing director.

On April 26, 2016, D Organizations (hereinafter referred to as “D Organizations”) designated the Defendant as an association subject to business management as a result of the decline in the management evaluation rating by the Defendant’s loss of KRW 12.55 billion in the year 2015, and thereafter, the head of the D Organizations, who did not make efforts to improve the management status, did not make efforts to designate the Defendant as an association subject to business management and notified the Defendant of the timely corrective measures on May 24, 2019, as well as to determine the timely corrective measures.

Accordingly, the Defendant prepared the implementation plan for timely corrective measures and submitted the implementation plan to the D organization by June 21, 2019 after the resolution of the board of directors. To this end, the Defendant intended to hold the 6th board of directors on June 20, 2019 and the 7th board of directors on June 28, 2019 to resolve “case of submitting the implementation plan for timely corrective measures,” but the Defendant’s directors, including the Plaintiff, failed to submit the implementation plan within the timely corrective measures set by the D organization, depending on the fact that each of the above agenda was not resolved by the board of directors.

(B) On July 5, 2019, the Defendant held a board of directors on July 8, 2019 and passed a resolution on the case of submitting a plan to implement the timely corrective measures. Meanwhile, on July 4, 2019, 34 of the Defendant’s 41 representative members were the president of the Defendant’s association on the ground that the Defendant’s board of directors did not act as a decision-making body due to internal fighting of directors, and rather interfered with the Defendant’s execution of duties.