1.(a)

On December 15, 2015, the Defendant passed a resolution to appoint C, D, and E as an internal director, and F as an auditor at a special general meeting of shareholders.

1. Basic facts

A. The defendant is a company established on January 24, 2002 for the purpose of supplying experimental equipment and chemical medicine, and issued stocks are 5,000 shares, and the face value per share is 10,000 won.

B. Examining the Defendant’s list of shareholders, C retains 2,250 shares (45%) at the time of establishment, the Plaintiff held 2,00 shares (40%) and 750 shares (15%) at the time of establishment, but H thereafter took over the said 750 shares from G.

C asserted that H entrusted the above 750 shareholders’ name to H, and filed a lawsuit for the return of shares against H (No. 2014Gadan2543) and sought confirmation that H had ownership of the said 750 shareholders, and H accepted C’s claim during the preparatory date for pleading on May 20, 2014.

C. On December 4, 2015, the Defendant’s representative C sent to the Plaintiff a postal item stating that a temporary general meeting of shareholders was held on December 15, 2015, but the said postal item was returned on December 16, 2015.

On December 15, 2015, the defendant held a temporary general meeting of shareholders and appointed C, E, and D as directors, and F as auditors, with the consent of all shareholders present.

The defendant held a board of directors on the same day and appointed C as the representative director.

E. On December 15, 2015, the Plaintiff filed the instant lawsuit against the Defendant and filed a claim seeking confirmation of invalidity of a temporary general meeting of shareholders on December 15, 2015, and the Defendant sent a notice of convening a general meeting of shareholders on May 24, 2016 to the Plaintiff on June 8, 2016 to elect officers (three directors and one auditor).

On May 26, 2016, the Plaintiff sent to the Defendant a certificate of content that calls for the appointment of directors by means of Article 382-2 (Cumulative Voting) of the Commercial Act.

F. On June 8, 2016, the Defendant held a temporary shareholders’ meeting as C’s society while attending I’s representative, J, K, and L’s representative.

C refers the request of the plaintiff for a concentrated voting to the agenda of the general meeting of shareholders.