Attorney Seo-sik et al., Counsel for the defendant

2. The plaintiff's remaining claims are dismissed.

3. 1/10 of the costs of lawsuit shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

A. The Plaintiff is a shareholder who holds 3,90,00 shares equivalent to 8,870,814% of the total number of shares generated by the Defendant.

B. On June 28, 2012, the Plaintiff requested the Defendant to peruse and copy the instant account books, etc. by content-certified mail, but the Defendant did not comply therewith. The Defendant refused to peruse and copy the instant account books, etc. by the time the instant argument is concluded.

[Ground of recognition] The non-contentious facts, Gap evidence 1 to Gap evidence 4, and the fact-finding results on the representative director of Samsung Securities Co., Ltd., the purport of the whole pleadings

2. Determination as to the purport of the claim

Article 466(1) of the Commercial Act provides that "A company may request the inspection or copying of the account books and documents in writing stating the reasons for giving or receiving shares representing no less than 3/100 of the total issued and outstanding shares," and Article 466(2) of the Commercial Act provides that "the company shall not refuse the request under paragraph (1) unless it proves that the request under paragraph (1) is unreasonable."

Since the Plaintiff is a shareholder who holds shares equivalent to at least 3/100 of the total number of shares issued by the Defendant, the Plaintiff has the right to request the Defendant to peruse and copy the instant books, etc. pursuant to the provisions of the Commercial Act.

The defendant asserts that the plaintiff's request for inspection and copying of the account books of this case in order to grasp the factual relationship on the premise that the director or auditor's liability is to be held.

Where a shareholder makes a request for inspection or copying of account books, documents, etc., the company may refuse such request by proving that such request is unreasonable. Thus, the exercise of shareholder's right to inspection or copying is unjust.

The issue should be determined by comprehensively taking into account all the circumstances, such as the background leading up to the exercise of the right, the purpose of the exercise, and the existence of bad faith. In particular, where a shareholder’s exercise of the right to peruse and copy is detrimental to the operation of the company’s business, the shareholder’s common interest, or the shareholder’s use of the acquired information as a competitor of the company, or where the shareholder exercises the right at a time excessively unfavorable to the company, it should be deemed unfair upon setting a justifiable purpose (see Supreme Court Order 2003Ma1575, Dec. 24, 2004).

The evidence submitted by the defendant alone is insufficient to recognize that the plaintiff's request is unfair because it harms the company's operation or shareholders' common interest or is used for competitive business, etc., and there is no other evidence to acknowledge it.

Therefore, the Defendant is obligated to allow the Plaintiff to peruse and copy the instant account books, etc. within the business hours at the Defendant’s head office or the storage place of the instant account books, etc., and taking into account the necessary and sufficient time for the perusal and copying of the instant account books, etc., the time required for the Defendant’s preparation for performance, and the peace of the Defendant’s business, the period for the performance of the Defendant’s obligation shall be set for a period of 30 days, excluding holidays, from 3 days after the date this judgment becomes final and conclusive (the Plaintiff’s claim for the performance of the Defendant’s obligation beyond the period for performance

3. Conclusion

Therefore, the plaintiff's claim of this case is accepted within the above scope of recognition and the remainder is dismissed. It is so decided as per Disposition.

Judges Lee Gyeong-won

Judges Park Jong-young

The defendant from 2009 to 2010:

1. The calculation of the head of the account, the auxiliary account books by account, the settlement of accounts (certificate of balance by account / each customer), the tax adjustment;

, the balance sheet, the balance sheet, the balance sheet

2. A statement of balance by account on the balance sheet;

3. Results of executing the directors, audit and inspection remuneration; and

4. Cash book, tugboat and installment savings book, and certificate of the balance issued by banks;

5. A statement of the amount of capital increase due to the increase in the capital in 2009 and 2010, and a statement of bank transactions. The end is: