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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant is a company established on January 10, 2014 with the aim of electric device manufacturing business, electrical construction business, engineering and software development service business, and its capital amount of KRW 10,000,000 (one share amount of KRW 5,000, total number of issued and outstanding shares of KRW 2,000).
B. The Plaintiff is a company director and a shareholder holding 50% of the total number of outstanding shares of the Defendant, and C is a representative director and a shareholder holding 50% of the total number of outstanding shares.
C. E.A. Global, Inc., filed a lawsuit against the Defendant for damages on the ground that D, which is a superwave diagnostic device manufactured and sold by the Defendant, infringed his patent right, and filed a criminal complaint against the Plaintiff and C on suspicion of violating the Patent Act, and filed an application for provisional injunction against the said D’s sale.
(hereinafter referred to as “instant litigation, etc.”). 【Ground for recognition” has no dispute, Gap evidence No. 1, Eul evidence No. 3, the purport of the whole pleadings, and the purport of the whole pleadings.
2. The gist of the plaintiff's assertion is that the defendant is unable to perform the first-wave diagnosis project, which is a major business due to the litigation in this case, and the defendant is not in operation of other businesses such as the development of new products due to the litigation in the industry. This falls under "when the company's business operation continues to be in a state of significant fixed money or there is a risk that the company will cause irreparable damage" under Article 520 (1) 1 of the Commercial Act, and the plaintiff is dissolved as a shareholder who holds shares equivalent to 50/10 of the total number
3. As to the claim for dissolution against a stock company, Article 520(1) of the Commercial Act provides, “Any shareholder who holds no less than 10/10 of the total issued and outstanding shares may file a petition with a court for dissolution of the company, if any, in the following cases: