1. The plaintiff's claim is dismissed.

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

1. On May 15, 2015, at the time of the Plaintiff’s board of directors on the Defendant’s basic facts, the Plaintiff, who was a inside director, D, and the Defendant’s inside director and representative director, attended and passed a resolution to appoint C as representative director with the consent of C and D (hereinafter “the resolution of this case”).

[Ground of recognition] Facts without dispute, entry of evidence Nos. 9 and 12, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion C submitted a resignation certificate of director on March 13, 2015, prior to the resolution of the instant board of directors, and was not in the position of director at the time of the resolution of the instant board of directors. As such, the resolution of the instant board of directors by the board of directors was made only by one (D) among two members present at the board of directors and did not meet the requirement for consent of the majority, and is null and void

B. The Defendant’s assertion C did not submit a letter of resignation with the intention to resign from office as a director, and thus, it was known that the Plaintiff was not a true intention, and thus, C’s expression of intention to resign is null and void, or C subsequently withdrawn the declaration of intention to resign.

3. Determination

A. According to the statements in Gap evidence Nos. 1, 5, and Eul evidence Nos. 4 (including each number, if any; hereinafter the same shall apply), it is recognized that C submitted a director resignation statement (hereinafter referred to as "the resignation statement of this case") that does not state the date on which the defendant's representative director was the plaintiff around March 12, 2015.

B. The act of resignation of a director of the relevant legal entity is a sole act with the other party. Thus, in principle, the declaration of intention becomes effective at the time of arrival of the other party and can not be withdrawn in mind after the declaration of intention became effective. However, the case where the submission of a letter of resignation is omitted, that is, at the time of presentation of the letter of resignation, is a disposition of the letter of resignation to the representative, or the date of preparation of the letter of resignation is written after the