[회계장부가처분 ][하집1997-2, 240]
Method of appeal against the decision accepting an application for temporary injunction and perusal of the account book made by a shareholder as a right to preserve the account book.
The application for a provisional disposition on inspection and copying of the account books by which the shareholder's right to peruse the account books belongs to the provisional disposition to determine the temporary status as stipulated in Article 714 (2) of the Civil Procedure Act. As such, with respect to the judgment accepting the application for provisional disposition, an objection may only be raised to the court below pursuant to Articles 715 and 703 of the same Act, and the appeal under Article 409 of the same Act shall not be raised.
Articles 409 and 714(2) of the Civil Procedure Act, Article 466 of the Commercial Act
Jung-dong et al. and 10 others
Prior Distribution Co., Ltd. (Law Firm Dong-dong Law Office, Attorney Lee Jin-woo, Counsel for defendant-appellant)
Seoul District Court Order 97Kahap585 dated May 1, 1997
The appeal of this case is dismissed.
Costs of appeal shall be borne by the respondent.
9. Basic facts
In the case of the Seoul District Court's Dong Branch 97Kahap585 case where the applicant filed an application against the respondent on May 1, 1997, the above court rendered a decision to accept the application of the applicant on May 1, 1997, and the respondent filed an appeal of this case while seeking the revocation thereof is obvious in the record.
10. Method of appeal against the original judgment
The application for provisional disposition in this case where the shareholder's right to peruse books of account under Article 466 of the Commercial Act is the right to preserve and belongs to a provisional disposition to determine a temporary position as prescribed by Article 714 (2) of the Civil Procedure Act. Therefore, with respect to a judgment that accepts the application for provisional disposition, an objection may be raised to the court below pursuant to Articles 715 and 703 of the Civil Procedure Act, and it shall not be contested by an appeal
11. Conclusion
Therefore, the appeal of this case by the respondent is unlawful, so the appeal of this case shall be dismissed, and the cost of appeal shall be borne by the losing respondent and it shall be decided as per Disposition.
Judges Lee Yong-soo (Presiding Judge)