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(영문) 서울고등법원 2019.01.17 2018나2040561

회계장부열람청구

Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. The costs of appeal shall be borne by the defendant.

Reasons

1. In the first instance court, the Plaintiff filed a joint request for the inspection of accounting books and documents entered in the attached list of the first instance judgment and the second instance court’s request for indirect compulsory performance. The first instance court accepted some of the claims for the inspection of accounting books and documents and dismissed all of the remaining claims for indirect compulsory performance.

As to this, only the defendant appealed against the part against the defendant, and the plaintiff did not appeal.

However, the plaintiff reduced the claim for indirect compulsory performance by the incidental appeal on the account books and documents stated in the separate sheet cited by the first instance court.

Therefore, the scope of this court's trial is limited to the plaintiff's claim for inspection of account books and documents in the attached list cited by the court of first instance and the plaintiff's claim for indirect compulsory performance.

2. The reasoning of the court's explanation concerning this case is as stated in the judgment of the court of first instance, except for deletion or dismissal as stated in paragraph (3). Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(3) The first instance court's "this court" and "Seoul High Court" shall be deemed to be a "Seoul Central District Court" and the "Seoul High Court" shall be deemed to be a "Seoul High Court" and the "Seoul High Court" shall be deemed to be a "this Court", respectively, on the part of the first instance court's grounds for appeal concerning the remaining parts, other than the following parts, are not significantly different from the allegations in the first instance court.

The 3 to 9 pages of the judgment of the court of first instance shall be 5 to 9:

A. The plaintiff alleged that the plaintiff requested the defendant to inspect and copy the accounting books and documents in the attached list in order to verify whether the representative director, etc. of the defendant illegally executed the company fund, but the defendant refused to do so.

Therefore, the defendant.