1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant Company (D Co., Ltd.) is a company established on May 22, 2015 for the purpose of printing, wholesale and retail business, etc.

B. At the time of incorporation of the Defendant Company, E accepted all 1,00 shares issued.

C. On July 1, 2016, the Defendant Company filed an application for registration pursuant to the above resolution with the registration office of the Kuwon District Court (hereinafter “instant resolution”) while the FF (the number of owned shares: 870 shares) and C (the number of owned shares: 130 shares) passed a resolution to appoint C as an internal director and representative director (hereinafter “the instant resolution”). Accordingly, the registration with the representative director and the internal director was completed on July 6, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence No. 1, inquiry results on the chief of the Korean District Court of the Republic of Korea District Court of this Court and the purport of the whole pleadings

2. The plaintiff's assertion is a substantial shareholder who paid the entire share price at the time of the incorporation of the defendant company, and Eul is merely a person who lends the shareholder's name.

Since E recognized this, on September 23, 2015, it was prepared to transfer to the Plaintiff all the shares of the Defendant Company 1,000 shares.

As above, the Plaintiff is a single shareholder of the Defendant Company, and was notified by the Defendant Company of the opening of the general meeting of shareholders on July 1, 2016, there is no fact that the Plaintiff made a resolution.

Therefore, the resolution of this case is nonexistent by those who are not shareholders.

3. Determination on this safety defense

A. The Defendant’s main defense is not a shareholder of the Defendant Company.

B. A lawsuit seeking confirmation of non-existence of a resolution of the general meeting of shareholders or a lawsuit seeking confirmation of invalidity becomes a plaintiff's qualification. A lawsuit seeking confirmation of non-existence of a resolution of the general meeting of shareholders or a lawsuit seeking confirmation of invalidity is directly infringed upon the rights or legal status by a resolution of the general meeting of shareholders, other than shareholders, directors, and auditors of the company in question.