회계장부열람 및 등사청구
1. Of the instant lawsuit, the part concerning the perusal and copy of each of the documents listed in the separate sheet No. 1 shall be dismissed.
2. The defendant.
1. The parties' assertion
A. The Plaintiff is a shareholder who owns 25% of the Defendant’s shares.
Since the representative director C of the defendant evades the dividend procedure for shareholders and operates the company normally, he/she requests the perusal and copying of each account book and document listed in the separate sheet in accordance with Article 466 of the Commercial Act.
B. A beneficial shareholder of the Defendant’s shares is C, and the Plaintiff is merely a title trustee.
Since the Plaintiff did not interfere with the Defendant’s management, it shall be deemed that the Plaintiff renounced the right to peruse and copy documents such as account books, etc., and even if not, the Plaintiff’s claim for perusal and copy is unreasonable, so the Defendant may refuse it.
The scope of each of the books and documents stated in the attached Form 3 list for which the plaintiff requested perusal and copying to the defendant should be too broad and limited.
2. We examine whether the part concerning the request for inspection and copying of each of the documents listed in the separate sheet No. 1 is legitimate, ex officio, as to the part concerning the request for inspection and copying of each of the documents listed in the separate sheet No. 1
Since permission cases such as perusal, etc. of minutes of the board of directors based on Article 391-3 (4) of the Commercial Act are non-contentious cases under Article 72 (1) of the Non-Contentious Case Litigation Procedure Act, it is reasonable to view that it is not permitted to request perusal or copying of
(see, e.g., Supreme Court Decision 2012Da42604, Mar. 28, 2013; Supreme Court Decision 2013Da50367, Nov. 28, 2013). Therefore, the Plaintiff’s claim for perusal and copy of each document listed in the separate sheet No. 1, which is the minutes of the board of directors, by means of civil litigation, other than non-contentious cases, should be deemed unlawful.
3. Determination as to the request for perusal and copying of each of the books and documents listed in the separate sheet No. 2 list
A. One shareholder entitled to perusal or copy of the Plaintiff’s claim may peruse the financial statements, business reports, and audit report at any time during business hours.