1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. We examine the legitimacy of the instant lawsuit ex officio.

A. A lawsuit of demurrer against a claim refers to a lawsuit seeking the exclusion of executory power by asserting the substantive grounds with respect to a claim indicated in the executive title, such as a final and conclusive judgment, which becomes final and conclusive by the debtor (Article 44 of the Civil Execution Act).

An order for payment has the same effect as a final and conclusive judgment when there is no objection, a withdrawal of an objection, or a decision of rejection becomes final and conclusive (Article 474 of the Civil Procedure Act). Since an order for payment in an uncertain state cannot become an effective executive title, a lawsuit of objection may not be filed against a claim seeking the exclusion of executory power (Supreme Court Decision 2012Da70012 Decided November 15, 2012), and in order to determine an order for payment, such order for payment must be served lawfully on the debtor.

B. Meanwhile, Article 394(1) of the Commercial Act provides that "where a director files a lawsuit against a company, the auditor shall represent the company in connection with such lawsuit." Thus, when a director files a lawsuit against the company, he/she shall submit a complaint indicating the representative director as the representative of the company without indicating the auditor who is entitled to represent the company in accordance with Article 394 of the Commercial Act, and the court shall transmit the complaint to the representative director in excess of this point and serve the duplicate of the complaint on the representative director of the company. If the lawsuit was conducted by the attorney delegated by the representative director of the company, the complaint shall not be deemed to have been duly served on the company because the representative director has no authority to represent the company in relation to the lawsuit, and the litigation conducted by the representative director of the company or the litigation

(See Supreme Court Decision 89Meu15199 delivered on May 11, 1990). C.

In this case.