회사에 관한 소송
1. The defendant is a legal holiday from three days after the date when the original copy of the judgment of this case was served on the plaintiff or his agent.
1. Basic facts
A. The Defendant is a stock company of KRW 2,410,000 (one share amount of KRW 5,000, total number of issued and outstanding shares) with the primary purpose of wholesale and retail business, etc., and the Plaintiff is registered as a shareholder holding 100,000 shares (20.74%) in the Plaintiff’s register of shareholders as of March 26, 2015.
B. Around July 24, 2015, the Plaintiff filed a request with the Defendant for a copy of the register of shareholders, but the Defendant rejected the request.
[Ground of recognition] Facts without dispute, Gap evidence 1-2, Eul evidence 2-2, the purport of the whole pleadings
2. The parties' assertion
A. As to the Defendant’s sale of the Defendant’s land and factory building at an unreasonably low price to C Co., Ltd. on December 29, 2015, the Plaintiff, the Plaintiff’s shareholder of the Defendant, is under a plan to file a derivative derivative suit against the executives of the Defendant Co., Ltd. jointly with other shareholders. Since the Defendant is expected to exercise an appropriate voting right upon delegation of voting rights from other shareholders at a regular general shareholders’ meeting for settlement of accounts in 2015, the Plaintiff is seeking perusal of the shareholders’ list against the Defendant.
B. Defendant 1) The Plaintiff is no longer the Defendant’s shareholder by exercising the appraisal right against the Defendant, and the Plaintiff does not have the right to request the Defendant to peruse and copy the register of shareholders. (2) The Plaintiff holding the Defendant’s shares at 20.74% of the Plaintiff’s shares is entitled to file a representative lawsuit. The Plaintiff does not want to peruse the Plaintiff’s register by disclosing that both the Plaintiff and the Plaintiff’s and all other shareholders except D and E do not have the intent to delegate their voting rights
In addition, the plaintiff brought a lawsuit against the defendant unfairly, and the plaintiff's claim for perusal and copying of the register of shareholders has an improper purpose to pressure the defendant.
3. In order to protect the personal information of shareholders, the defendant shall provide the register of shareholders in which part of the address of the shareholders has been attached.