A. The Defendant is a juristic person established for the purpose of manufacturing and wholesale chemicals, and the Plaintiff is a shareholder who owns 40% of the total shares issued by the Defendant.

B. From around December 2014, the Plaintiff requested the Defendant to peruse and copy each account book on the grounds that “the Plaintiff did not disclose the right to collateral security on the real estate owned by the Defendant,” etc., but the Defendant did not comply with the request.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition, pursuant to Article 466 of the Commercial Act, the defendant is obligated to allow the plaintiff who owns not less than 3/100 of the total number of issued and outstanding shares to peruse and copy all of the account books and attached documents in the separate sheet as shown in paragraph (1) of this Article.

B. The dismissed part (indirect compulsory performance part) The plaintiff, where the defendant does not allow the perusal and copy of each of the books listed in the separate sheet, is an indirect compulsory performance demanding the defendant to pay the amount calculated at the rate of 10,000,000 won per day. However, in order to guarantee effective execution of the judgment ordering a physical act obligation, even if the executive title is established in view of the point at the time of the closing of argument, it is probable that the debtor will not perform it voluntarily. In addition, in the judgment procedure, where the reasonable amount of compensation can be calculated in accordance with Article 261 of the Civil Execution Act, the judgment procedure concerning the physical act obligation may also order the debtor to pay a certain amount of compensation when the debtor is unable to perform his/her obligation (see Supreme Court Decision 93Da40614, 40621, Apr. 12, 196). The evidence submitted by the plaintiff alone alone, even if the execution title based on the judgment of this case is established voluntarily.