1. The part of the Defendant’s approval of cash dividend (e.g., dividend) among the resolution of the general meeting of shareholders on March 2, 2018 is invalid.

Facts of recognition

On January 8, 198, the defendant was established for the purpose of agricultural chemicals, seeds, and farming materials wholesale and retail business, and owned 10,000 shares (capital 50,000,000). The plaintiff A owns 4,00 shares of the defendant, 30 shares of the defendant, 30 shares of the defendant, and 4,500 shares of the representative director D respectively.

On March 2, 2018, the minutes of the shareholders' meeting as of March 2, 2018, stating that "(financial statements): The approval of the balance sheet, income statement, and appropriation of appropriation of surplus earnings of a company is approved as the original copy, even though the shareholders' general meeting was not held by the defendant."

(2) On June 30, 2018, the Plaintiff prepared a withholding receipt for dividend income (hereinafter “instant shareholders’ meeting”) with the content that the Plaintiff distributed KRW 200,000,000 to Plaintiff A, and the Plaintiff B paid KRW 15,00,000,000 to the Plaintiff, on June 30, 2018.

On September 14, 2018, the Plaintiffs sought confirmation of the absence of the resolution of the general meeting of shareholders of this case, which includes the primary differential dividends, from the Defendant and filed the instant lawsuit seeking invalidation of the differential dividends among the aforementioned resolution (the Plaintiffs withdrawn the primary claim on the first date for pleading). The Defendant recognized that there was no resolution of the general meeting of shareholders of this case.

[Ground of recognition] The defendant asserts that the lawsuit of this case is unlawful, since the plaintiff can bring a lawsuit against the defendant for the payment of dividends or bring a lawsuit against the defendant for the resolution of the general meeting of shareholders of this case through the shareholder representative lawsuit against D.

On March 2, 2018, the defendant's general meeting of shareholders is held.