1. Of the judgment of the first instance, the part of the Plaintiff’s claim for confirmation of absence of the resolution of the general meeting of shareholders is revoked.

Basic Facts

Plaintiff B and D, such as the relationship between the parties, were legally married, and the agreement was married on January 15, 2018, and the Plaintiff A is the friendship of Plaintiff B.

E Co., Ltd. (hereinafter “E”) was established on April 19, 2002 for the purpose of manufacturing and selling floor materials, interior materials, etc., and Plaintiff B is holding office as E’s representative director from March 4, 2005.

On February 4, 2009, the defendant was established for the purpose of manufacturing and selling floor materials and interior materials, and D was appointed as the representative director at the time.

After the Defendant was established, E and the Defendant were substantially operated as one company.

The F served as E from March 2005, and the Plaintiff A was in charge of the accounting affairs of E and the Defendant.

At the time of incorporation of the defendant, the total number of shares issued by the defendant was 10,000 shares (capital 50 million) and 4,500 shares out of the above shares were acquired by D, 3,000 shares, and 2,500 shares, respectively.

The defendant's share certificates with respect to the shares have not been issued until now.

From February 4, 2009, Plaintiff A’s transfer to Plaintiff A for shares 2,500 held by G, and for shares 3,000 held by F around December 11, 2017, transfer to D for shares 7,500 shares on the Defendant’s list of shareholders and Plaintiff A for shares 2,500 shares.

Around February 12, 2018, the Defendant’s resolution of the instant general meeting of shareholders (hereinafter “instant general meeting of shareholders”) was prepared in the minutes of the instant general meeting of shareholders to the effect that “the Defendant held a general meeting of shareholders on February 12, 2018 (hereinafter “instant general meeting of shareholders”); D was present at the meeting of shareholders holding 7,500 shares out of the total number of 10,000 shares; D was appointed as an internal director (hereinafter “resolution”).

On February 12, 2018, the registration of the company director was completed on February 12, 2018 according to the defendant's minutes of the general shareholders' meeting.

The defendant's temporary directors are appointed as the defendant's temporary directors under the 2018 U.S. 5012 Goyang-gu District Court.