1. The instant lawsuit shall be dismissed.

2. The plaintiff's representative director C shall bear the litigation costs.

1. Determination on the legitimacy of a lawsuit

A. The Plaintiff’s assertion is the cause of the instant claim. On May 23, 2012, the Plaintiff leased the real estate indicated in the Attachment from the Defendant from May 23, 2012 to May 22, 2014, with the lease deposit amount of KRW 100 million, KRW 50,000 per month, and the lease term from May 23, 2012 to May 22, 2014, and the said lease was renewed. Since the said lease contract was terminated by the Plaintiff’s declaration of termination, the Defendant is obligated to pay the Plaintiff KRW 95,60,000,000, deducting the unpaid rent from the above lease deposit. Meanwhile, the Plaintiff lent KRW 200,000 to the Defendant on May 23, 2012, the Defendant

In regard to this, the defendant asserts that he is a director of the plaintiff, and that the auditor must represent the company if the plaintiff who is a stock company files a lawsuit against the defendant who is a director, and that the lawsuit of this case filed by C, the representative director of the plaintiff, on behalf of the plaintiff, is unlawful

B. We examine the judgment, and pursuant to Article 394(1) of the Commercial Act, in a case where a corporation files a lawsuit against a director, the auditor must represent the company with respect to the lawsuit. According to the evidence No. 1, the defendant can find facts that the defendant is the director of the plaintiff's company. Thus, the filing of the lawsuit against the defendant who is the director of the plaintiff on behalf of the plaintiff is unlawful as it is by a person without the power of representation.

(2) The court below's decision 200Da9086 delivered on March 15, 2002, and Supreme Court Decision 77Da295 delivered on June 28, 197, which is cited by the plaintiff, is a case against retired directors, and it cannot be applied to this case).