부당이득금
1. Accounting documents in the judgment of the first instance, including the part of the claim for indirect compulsory performance added at the trial by incidental appeal.
1. The scope of the judgment in this Court held in the first instance court that the Plaintiff filed both a claim for dividend and a claim for inspection of account books until June 30, 2015. The court of first instance dismissed the claim and accepted part of the claim (1) and (2).
With respect to this, only the defendant appealed against the part against the defendant, and the plaintiff did not appeal. However, the incidental appeal filed by the trial court, which added the claim for inspection of account books and the claim for indirect compulsory performance from July 1, 2015 to December 31, 2015.
Therefore, the scope of the judgment of this court is limited to the claim of this court. (2) The plaintiff added to the claim of this court and incidental appeal.
2. Basic facts
A. The Defendant is a stock company established on August 25, 2010 for the purpose of arranging domestic and overseas travel, selling domestic and overseas airline tickets, etc.
B. At the time of the establishment of the Defendant, the Plaintiff was holding 20,000 shares issued by the Defendant, and around December 201, the Plaintiff transferred 10,000 shares to East C and currently owns 10,00 shares.
C. On March 19, 2015, the Seoul Central District Court (2015 non-conforming1) appointed D, a person who will proceed with the instant lawsuit on behalf of the Defendant, as an employee of the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 3 (including virtual numbers), the purport of the whole pleadings
3. Request for inspection and copying of account books, documents;
A. The Plaintiff’s assertion C assumed office as the Defendant’s representative director on December 12, 201, and managed the Defendant together with the Plaintiff by August 2012.
However, from August 2012, C excluded the Plaintiff from the Defendant’s management by filing a lawsuit on the Plaintiff’s shares, and did not provide the Plaintiff with information on the Defendant’s management status, increase and decrease of property, and dividend.
In addition, C withdraws 192,00,000 won of bank deposits provided as security for the defendant's International Air Transport Association and reduces the defendant's property.