1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant is a juristic person established for the purpose of interior building business, facility construction business, etc., and the Plaintiff is a shareholder who holds 7,000 shares out of 40,00 shares issued by the Defendant (17.5% shares).

B. In around 2015, the Plaintiff and C established a company and agreed to operate a building business as a partnership, and established the Defendant 200 million capital by investing KRW 100 million each.

The plaintiff and the plaintiff's family members hold 20,000 shares issued by the defendant, and the defendant and the defendant's family hold the remaining 20,000 shares.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. After the Plaintiff’s assertion on December 1, 2015 started business, around March 2016, the Defendant employed employees and disbursed KRW 10 million as personnel expenses, and disbursed KRW 5 million as expenses for purchasing facilities, such as computers, etc., but the company’s business is still still in progress without any further proceeding.

Although the defendant's normal operation is considerably difficult and time has passed, only the defendant's irrecoverable damages are increased. However, since the plaintiff's family and C's family and C's family hold 50:50 shares, it is impossible to dissolve the defendant due to a general meeting of shareholders, etc., and the plaintiff has no way to recover the investment

Since there exists a cause for dissolution under Article 520 (1) 1 of the Commercial Act to the defendant, the defendant shall demand dissolution of the defendant in accordance with the above provision.

3. Determination

A. Article 520(1) of the Commercial Act provides that “Any shareholder who holds shares equivalent to at least 10/100 of the total number of issued and outstanding shares may file a petition with a court for dissolution of the company, in the following cases.” Article 520(1) of the Commercial Act provides that “When the company’s business operation continues to be remarkably in fixed terms and conditions and there is or may be irreparable damage to the company.”

Therefore, a corporation is stipulated in Article 520 (1) 1 of the Commercial Code.