The plaintiff's lawsuit against the defendant C is dismissed.

The plaintiff's claim against the defendant B is dismissed.

1. The facts under the basis of facts may be found either in dispute between the parties or in Gap evidence No. 3-5, taking into account the overall purport of the pleadings.

Defendant B (hereinafter “Defendant Company”) is a company whose purpose is to produce and distribute music records, and Defendant C is the representative director of the Defendant Company.

Until July 20, 2015, the shares issued by the Defendant Company were 64,00 common shares of 5,000 won per par value. Defendant C owned 26,000 shares, the Plaintiff and Nonparty D respectively, 12,000 shares, Nonparty E and mobile buses owned 10,000 shares, respectively.

B. On July 20, 2015, Defendant C arbitrarily prepared the minutes of the extraordinary shareholders’ meeting to the effect that on July 20, 2015, there was a resolution to issue 44,000 shares at the temporary shareholders’ meeting of the Defendant Company’s company (hereinafter “instant resolution”) with a face value of KRW 5,000 (hereinafter “the instant new shares”) at a face value of 5,000 (hereinafter “the instant resolution”).

The above content is identical to the plaintiff's assertion, which is part of Gap evidence No. 2-1, but it is recognized as it is because there is no dispute between the parties.

C. Afterward, Defendant C acquired the entire new shares of this case at par value.

2. As to a claim against the defendant company

A. The summary of the Plaintiff’s assertion is that Defendant C arbitrarily prepared the minutes of the shareholders’ meeting as if the resolution of this case was made without going through the convocation procedure and resolution procedure for the shareholders, so the resolution of this case should be deemed nonexistent. Accordingly, it should be deemed that there is no issuance of new stocks of this case by Defendant C.

B. The judgment of the Commercial Code allows a lawsuit to nullify the issuance of new shares when there is a defect in the issuance of new shares, but the filing period is the date of the issuance of new shares.