1. Revocation of the first instance judgment.

2. All of the instant lawsuits are dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

Basic Facts

The reasoning for this part of the court's explanation is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420

Plaintiff’s assertion

The board of directors, on March 3, 2014, convened by all non-authorized persons on October 31, 2014, and November 17, 2014, on the part related to the resolution of the board of directors of the defendant company, shall seek confirmation of invalidity of the resolution of each of the above board of directors because there is a significant defect in the convocation procedure.

In addition, the provisional shareholders' meeting held on March 3, 2014 and November 17, 2014 of the defendant company's resolution of the provisional shareholders' meeting was convened by a person who is not authorized to convene the meeting, and as such, there are significant defects in the convocation procedure and establishment process. As such, it seeks confirmation of absence around the resolution of the provisional shareholders' meeting, confirmation of invalidity preliminaryly, and revocation preliminaryly.

In a case where a person who was dismissed from the office of representative director by a resolution of the board of directors or the general meeting of shareholders on the legitimacy of the suit of this case is ratified or dismissed from the office of secondary representative director in a valid resolution of the board of directors or the general meeting of shareholders which was later held, barring special circumstances, such as where the new resolution of the board of directors or the general meeting of shareholders is deemed null and void due to defects or where the resolution of the board of directors or the general meeting of shareholders is revoked, the previous resolution of the board of directors or the general meeting of shareholders concerning the dismissal of representative director shall be deemed null and void or to have any defects in the resolution of the board

(See Supreme Court Decisions 96Da24309 delivered on October 11, 1996, and Supreme Court Decision 2005Da38348 delivered on April 26, 2007, etc.). In this case, the Defendant was examined, as seen earlier.