1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The total cost of the lawsuit is indicated as the representative of the plaintiff.

1. The summary of the Plaintiff’s assertion is: (a) the Defendant, the president of the Plaintiff, from March 2006 to April 2012, who was the Plaintiff’s representative, embezzled by withdrawing the amount higher than the amount indicated in the report of settlement of accounts in the composition of the Plaintiff’s funds; and (b) executed funds without a legitimate general meeting resolution of the Plaintiff; (c) the Defendant is liable to pay the Plaintiff damages for tort or for return of unjust enrichment, thereby making payment for delay.

2. Determination on the defense prior to the merits

A. The Defendant’s assertion 1) A resolution on the extraordinary general meeting of November 9, 2016, which appointed the J, is null and void due to serious defects in the convening procedure and the resolution procedure. As such, the filing of the instant lawsuit by the J as the representative is unlawful. 2) Moreover, the Plaintiff’s filing of the instant lawsuit does not have a resolution at the Plaintiff’s legitimate general meeting for filing the instant lawsuit. Therefore,

B. A) The J was appointed as the Plaintiff’s representative at the ordinary meeting held on April 28, 2012. On the other hand, Article 10 of the Plaintiff’s articles of incorporation amended as of May 25, 2011 provides that “the term of office of executive officers, such as the president, may be three years and may be renewed consecutively.” (B) After that, the J was appointed as the Plaintiff’s representative at the extraordinary general meeting held on November 9, 2016, the Plaintiff filed a lawsuit seeking the absence or invalidity of the resolution at the above general meeting on March 9, 2018 (the Plaintiff’s closing members) (the Plaintiff’s filing of a lawsuit seeking ratification of the resolution at each of the above extraordinary general meetings held on June 17, 2018).

C. Although the court of first instance dismissed the lawsuit on February 12, 2019 in the lawsuit above 2018Gahap401812, K, L, and M appealed. However, the appellate court appealed, and the appellate court rendered an appeal on September 19, 2019. The resolution at the special meeting of the first instance court dated November 19, 2016 is the procedure for convening the lawsuit.