1. The issuance of new shares with a par value of KRW 10,000 per each of the Defendant on March 6, 2015 does not exist.

1. The facts below the facts of recognition do not conflict between the parties, or can be acknowledged in full view of the entries in Gap evidence Nos. 1-1, 2, 5, and 6 and the whole purport of the pleadings. A.

On June 23, 1993, the defendant was established for the purpose of steel sales business, etc., and was changed to 200,000,000 capital (ordinary shares) on March 24, 1998, and 300,000 capital on May 31, 2002 (ordinary shares).

B. Around March 5, 2015, D, an employee of the Defendant Company, made a resolution of the board of directors to issue 50,000 common shares (10,000 won per share) of the Defendant Company at will without the consent of the representative director and the director of the Defendant Company in order to borrow KRW 500,000 from the Plaintiff Company A, the representative director of the Defendant Company, and to increase the capital of the Defendant Company equivalent to the above borrowed amount, and to issue at will without obtaining the consent of the representative director and the director of the Defendant Company, following the same month.

6. He has completed the registration by changing the total number of shares issued in the corporate register of the defendant company to 80,000 shares (ordinary shares 80,000 shares) and the amount of capital to 800,000 won using the minutes of the above board of directors' meeting, etc.

(hereinafter “Issuance of New Shares”) 2. Determination

A. Article 429 of the Commercial Act provides that the invalidity of issuance of new shares may be asserted only by a lawsuit within six months from the date of issuance of new shares only by shareholders, directors or auditors. Thus, even if the board of directors or the general meeting of shareholders has a defect in revoking or nullifying the resolution for the issuance of new shares after the issuance of new shares takes effect, it is a principle that a lawsuit may be instituted only by a lawsuit for invalidity of issuance of new shares after the issuance of new shares takes effect. However, where special circumstances exist, such as the defect of the resolution for the issuance of new shares by the general meeting of shareholders is extremely serious and the absence of the issuance of new shares, the above resolution for the issuance of