1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The defendant is a juristic person composed of 12 members established on December 14, 2006. At the time of its incorporation, the plaintiff was appointed as representative director, D director, and E as auditor.

B. The part relating to the instant case in the Defendant’s articles of incorporation (hereinafter “instant articles of incorporation”) is as follows.

Article 34 (Number of Officers) This partnership shall have the following officers:

1) 2) One representative director or more (2) one auditor or more (3) auditors, and Article 35 (Election of Officers) 1) The Corporation shall elect two or more directors as officers and one or more auditors from among the members of the General Meeting of Members.

Provided, That where a member is a juristic person, it may become an executive of such juristic person.

2) The representative director shall be elected from among the directors of the board of directors. Article 36 (Board of Directors) (1) The board of directors shall be composed of the representative director, directors and auditors, and the representative director shall be the chairperson.

2) The board of directors shall be convened, if the representative director considers it necessary or if requested by two directors. The term of office of an officer under Article 41(1) shall be three years and shall be until the third settlement of accounts in office.

C. According to Article 41(1) of the instant Articles of Incorporation, the terms of office of the Plaintiff, D, and E were expired on February 2010, which was held at the third general meeting for settlement of accounts after the establishment of the Defendant, respectively.

C was appointed as a director at the special general meeting of the Defendant on July 27, 2015, and accordingly the registration of C was completed on July 31, 2015.

E. On August 18, 2015, C and D demanded a meeting of the board of directors of the instant articles of association as an agenda item for the election of the latter representative director, pursuant to Article 36(2) of the instant articles of association. A resolution was made to appoint C, D, and E as the representative director at the board of directors held at the Defendant office on August 28, 2015 (hereinafter “resolution of the board of directors”).

F. C filed an application against the Plaintiff for the suspension of the performance of duties by this court 2015Kahap1027 and the provisional disposition of the appointment of an acting director, and this court shall hold on November 10, 2015.