The instant lawsuit is dismissed.

Costs of lawsuit shall be borne individually by each person.

1. Basic facts

A. The Plaintiff owns 15,000 shares equivalent to 30% of the total number of shares issued by Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”). From July 27, 2015, Defendant C has served as a director and a representative director of Defendant Co., Ltd. as well.

B. On April 10, 2018, the Plaintiff demanded the Defendant Company to convene a temporary general meeting of shareholders whose representative director and director is a matter of dismissal of the Defendant Company C, but the Defendant Company did not comply therewith.

C. Accordingly, the Plaintiff filed an application with Busan District Court for permission to convene a temporary general meeting of shareholders as Busan District Court Branch Branch 2018BT100002. On May 28, 2018, the said court rendered a decision on May 28, 2018 that “The Defendant Company’s representative director and the director of the Defendant Company shall convene a temporary general meeting of shareholders of the Defendant Company for the purpose of meeting an agenda for dismissal of

Accordingly, on June 19, 2018, the defendant company held a provisional shareholders' meeting for the purpose of removing the representative director and directors of the defendant C, but the above agenda was rejected.

【Ground of recognition】 Facts without dispute, entries in Gap evidence 1, 2, 3, 6, and 17, the purport of the whole pleadings

2. The plaintiff's assertion that Defendant C did not hold a general meeting of shareholders of the defendant company, embezzled the property of the defendant company, and violated the duty not to engage in competitive business. This act by the defendant C constitutes an unlawful act in relation to his duties, or a serious fact in violation of the statutes or the articles of incorporation, and thus, the defendant C should be dismissed from the office of representative director

3. Ex officio determination as to the legitimacy of the part concerning the claim for dismissal of the representative director among the lawsuit of this case, the part concerning the claim for dismissal of the representative director against Defendant C from among the lawsuit of this case is lawful, and the lawsuit for formation of a formative action aimed at the modification and formation of existing legal relations is instituted only when the law expressly provides for.