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(영문) 서울남부지방법원 2015.09.09 2014가단67113

집행문부여에 대한 이의

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On June 1, 2012, the appellate court rendered a judgment against the plaintiffs that "the plaintiffs shall allow the defendant to peruse and copy the documents and books in attached Form 1 at the principal office of the plaintiffs or at the place where the documents and books are kept in custody only during business hours."

(Seoul High Court Decision 201Na71973, hereinafter referred to as "subject judgment"), and the above appellate judgment was dismissed and finalized on September 27, 2012 by the plaintiffs' appeal.

(Supreme Court 2012Da57262). B.

After the judgment, the defendant requested the plaintiffs to peruse and copy the documents and books of the attached Form 2 (the same ledger as the minutes of each general meeting of shareholders from 2005 to 2010) from among the documents and books of the attached Form 1, but rejected them.

Accordingly, on June 20, 2014, the Defendant applied for indirect compulsory performance to Seoul Southern District Court B based on the subject judgment, and the first instance court, following a hearing, decided on September 26, 2014 that “the Plaintiff shall allow the Plaintiff to peruse and copy each of the documents and books listed in attached Table 2 at the head office or the storage place of the documents and books within 10 days from the date of receipt of the notice of this decision, and the Plaintiff shall pay the amount calculated at the rate of KRW 1,00,000 per day from the day following the expiration of the performance period until the completion of the performance period.”

(hereinafter “instant indirect compulsory performance order”) C.

The plaintiffs appealed against the decision of indirect compulsory performance of this case. The appellate court did not have any supporting evidence that the plaintiffs performed their duty of perusal and copy on July 22, 2015 to the Director of the General Account in 2009 and 2010.

In addition, only to the defendant on October 13, 2014, which was after the decision of indirect compulsory performance of this case, the minutes of the provisional shareholders' meeting in 2007, and the regular shareholders' meeting in 2009.