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(영문) 대구지방법원서부지원 2016.10.25 2016가합50697

회계장부열람등사

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1. The defendant has a ten-day period from the day following the day when this judgment became final to the plaintiff, excluding Saturdays and legal holidays.

Reasons

1. Basic facts

A. The defendant is a company established for the purpose of facility construction business, etc., and the plaintiff is a shareholder who holds 12,960 shares out of 48,000 shares issued by the defendant (27% of the total shares issued by the defendant) and is registered in the register of shareholders of the defendant.

B. On February 23, 2016, the Plaintiff sent to the Defendant a document evidencing the Defendant’s request for the perusal and copying of the Defendant’s purchase sales tax invoice, the ledger of bill keeping, the ledger of outstanding amount, the statement of entry and withdrawal, the statement of financial statements, statement of financial position, earned surplus disposal statement, and other documents that form the basis of the account books, the head of the corporate bankbook, the construction contract, and various construction-related documents. In addition, the Plaintiff filed a claim for the perusal and copying of the account books and documents on the ground that the Defendant’s request for the perusal and copying of the account books and documents on the ground that “In addition, the Defendant did not pay dividends to the Plaintiff once, and the Defendant did not comply with the Plaintiff’s request for perusal and copying.”

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 4, 5, and 6, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is a shareholder holding 27% of the Defendant’s shares, and the Defendant should allow the Plaintiff to inspect and copy the account books and documents as shown in the separate claim list in accordance with Article 466 of the Commercial Act.

B. The plaintiff's assertion is merely a type of shareholder who is not entitled to exercise the rights as a shareholder in relation to the defendant as a person who is the actual owner of the defendant's shares, who is entrusted by the non-party C and the defendant with the shares, and the plaintiff's claim for inspection is for unjust purposes, and the defendant may refuse it pursuant to Article 466

3. Determination

A. The register of shareholders as to whether the Plaintiff is the Defendant’s shareholder is registered as a shareholder.