1. Of the instant lawsuit, the part of the Defendant’s claim seeking confirmation of invalidity of the resolution as to the agenda indicated in the attached list No. 1.

1. Determination as to the defendant's claim for confirmation of invalidity of the resolution on the agenda in the attached list No. 1

A. On May 13, 2017, the Defendant’s main defense against the Defendant’s main defense held a general meeting on May 13, 2017 and passed a resolution to appoint a new officer of the Defendant. As such, there is no interest in seeking confirmation of invalidity of the resolution on the appointment of the former officer at the general meeting on May 16, 2015

B. In a case where all executives appointed by the initial resolution of appointment of an officer resign and the latter officer is elected by the new resolution of the general meeting, seeking confirmation on the absence of the resolution of appointment of an officer at the original general meeting is merely seeking confirmation of legal relations or legal relationship in the past and thus lack of the requirements for protection of rights.

However, if there are special circumstances such as the absence or invalidity of a new general meeting resolution due to a defect or the cancellation of the resolution, there is a legal interest in seeking confirmation of invalidity or non-existence of the first general meeting resolution.

On the other hand, if a general meeting is convened by an unauthorized person and a new representative is elected, if the reason why the general meeting is convened by the unauthorized person is considered as the reason for invalidation of the resolution, the subsequent resolution becomes null and void in a chain due to the unauthorized person's convocation of the general meeting, thereby causing confusion in legal relations and seriously impairing the legal stability.

For this reason, the reason that a new general meeting resolution is convened only by a person without authority cannot be treated as an independent ground for invalidation, and a new representative may be deemed null and void only when another ground for invalidation exists.

Supreme Court Decision 98Da35754 Decided December 22, 1998; Supreme Court Decision 2002Da25310 Decided November 13, 2002; Supreme Court Decision 201Da69220 Decided January 27, 2012