문서열람 및 등사
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The summary of the Plaintiff’s assertion and the Defendant concluded a partnership agreement with the Plaintiff on the operation and transfer of accommodation facilities by purchasing the land with the funds invested by the Plaintiff. The Defendant did not disclose to the Plaintiff the documents in the separate sheet (hereinafter “instant document”) even after newly building accommodation facilities with funds from the Plaintiff.
The defendant prepared and delivered a statement of accounts concerning the settlement of accounts for the same business to the plaintiff. The defendant seems to have the documents and financial data necessary for calculating the amount stated in the above statement of accounts for the above business.
Therefore, in accordance with Article 710 of the Civil Act, the permission for perusal and copying of the instant documents is sought pursuant to Article 710 of the Civil Act, and indirect compulsory enforcement is sought pursuant to Article 261(1) of
The gist of the defendant's argument is that the document of this case was already provided to the plaintiff or was not kept by the defendant, and thus the plaintiff's claim is without merit.
Judgment
Article 710 of the Civil Act provides that "each partner may inspect the affairs and status of the property of the partnership at any time." Thus, a partner has the authority to peruse and copy the books and documents concerning the operation of the partnership in order to inspect the affairs and status of the property of the partnership.
However, in order to issue an order to allow perusal and copy of books or documents, it should be recognized that the other party is in custody of such books or documents.
In order to newly construct and transfer the instant hotel on the ground, the Plaintiff and the Defendant entered into a partnership agreement with the Plaintiff to newly build and transfer the instant hotel on the ground (hereinafter “instant hotel site”), and as to the fact that the Defendant prepared and delivered a statement of accounts (Evidence A4) related to the construction of the instant hotel, the parties to the agreement.