1. The part requesting confirmation of the absence of a resolution of a general meeting of shareholders in the judgment of the first instance shall be revoked, and revoked.

Basic Facts

The Defendant was established on October 19, 2005. At the time of its establishment, C acquired a total of 20,000 shares of the common shares newly issued on November 22, 2005, including 10,000 shares of the common shares and 10,000 shares of the common shares newly issued on November 22, 2005. The Plaintiff acquired shares of 20,000 shares newly issued on February 15, 2006.

(The 40,000 shares issued above are shares listed in the separate sheet No. 1). C is reappointed on October 19, 201 by the defendant's intra-company director and representative director, and its registration is completed on the same day.

C A. On October 19, 2014, the president held the Defendant’s general meeting of shareholders. The general meeting of shareholders held that only C was present as a shareholder and passed a resolution as stated in the attached Table 2 (hereinafter “the resolution of the instant general meeting of shareholders”).

On October 19, 2014, according to the above resolution, C was appointed as the defendant's internal director and the representative director, and E was appointed as the inside director, and the registration was completed on October 20, 2014.

On May 12, 2015, the Defendant newly issued 27,500 shares listed in the attached Table 3 list (hereinafter “instant issuance of new shares”) and completed the registration of the issuance of new shares on June 5, 2015, and C acquired the said shares.

On June 5, 2015, the Defendant reflected the number of shares issued through the issuance of the instant new shares, and completed registration of modification as to the total number of issued shares and capital, with “67,500 shares of total number of issued shares, 67,500 shares of common shares, and 675,000,000 won of capital.”

On the other hand, on April 4, 2016, the plaintiff was appointed as the defendant's internal director and completed the registration on April 8, 2016.

【In the first instance court, the part of the claim for confirmation of non-existence of the resolution of the general meeting of shareholders was cited in the determination of the incidental appeal as to the plaintiff’s defense of principal safety, which is the whole purport of the pleading, without any dispute, and since the defendant appealed against it, but the order of rejection of the petition was issued due to non-existence of the resolution of the general meeting of shareholders was confirmed.