1. Of the instant lawsuit, the part of the Plaintiff’s claim for confirmation against Defendant C is dismissed.

2. The plaintiff's defendant.

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant C”) was a company established on April 28, 2009 for the purpose of software consulting, development and supply business. At the time of the establishment of Defendant C Co., Ltd., Defendant B was an internal director, and Defendant D, the above Defendant’s wife, was appointed as an auditor.

B. On July 27, 2009, the Plaintiff established E Co., Ltd. for the purpose of providing software advice, development, supply, etc. (hereinafter “E”) and took office as an internal director.

C. As indicated in the separate sheet, the Defendant Company issued 10,000 common shares per share of KRW 5,000 per share (hereinafter “instant shares”), and the shareholders of the instant shares on the Defendant’s list are continuously Defendant B from the time of incorporation of the Defendant Company.

[Ground of recognition] Evidence No. 1-1, 2, Evidence No. 4-3, Evidence No. 14-2, and the purport of the whole pleadings

2. Whether the part concerning the Plaintiff’s claim for confirmation against the Defendant Company among the instant lawsuit is lawful

A. The Plaintiff asserts that the Plaintiff entrusted the name of the shareholder of the instant shares to Defendant B, and that the shareholder of the instant shares is the Plaintiff. On its own initiative, we examine whether the part of the Plaintiff’s claim for confirmation against the Defendant Company is legitimate.

B. A lawsuit for confirmation is recognized in cases where determination by a confirmation judgment is the most effective and appropriate means when the legal status of the Plaintiff is at risk of uncertainty. Thus, filing a lawsuit for confirmation is not a final solution of a dispute, and thus there is no benefit in confirmation, even though it is possible to bring a lawsuit for performance.

(See Supreme Court Decision 2005Da60239 delivered on March 9, 2006). In addition, a person who acquired shares can solely file a claim for the change of title against the company by proving that he/she acquired shares without having to obtain cooperation from the other party, barring any special circumstance.