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(영문) 대전지방법원천안지원 2016.10.14 2015가합697
회계장부와 서류, 열람 등사
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Defendant is a company mainly engaged in the manufacture of concrete mixtures and wholesale and retail business. The Plaintiff holds at least 100,000 shares issued by the Defendant, which correspond to at least 3/100 of the total number of shares issued by the Defendant. 2) The Plaintiff was appointed as the Defendant’s auditor on March 25, 2010, and retired on January 20, 2013.

B. On October 30, 2013, the Plaintiff asserted that he/she had the rights and obligations as an auditor, and notified the Defendant of the pre-announcement of audit. On the other hand, the Plaintiff sent a certificate of content demanding the Defendant to transmit the minutes of the general meeting of shareholders from January 1, 2010 to October 31, 2013, the minutes of the board of directors’ meeting, the minutes of the meeting from October 31, 2013, and the details of the account transaction of the company, etc. during the above period. However, the Defendant failed to comply with such demand, and the Defendant urged the Plaintiff to comply three times from November 5, 2013 to the 15th day of the same month, but the Defendant continued to comply with such demand, but the Plaintiff failed to comply with such demand, and filed an application for the perusal and provisional disposition against the Defendant’s account books and the Defendant’s provisional disposition against the Defendant on November 21, 2013.

3) On December 4, 2013, the Defendant notified the Plaintiff that “from December 10, 2013 to 15:00, the Defendant would allow the Plaintiff to peruse and copy the Defendant’s account books, etc. at the Defendant’s representative director’s office.” In fact, on December 10, 2013, the Defendant took measures to allow the Defendant’s representative director to peruse and copy the Defendant’s account books, etc. at the Defendant’s office, but the Plaintiff did not peruse and copy the above account books, etc. on the above date presented by the Defendant. 4) On January 21, 2014 in the instant provisional disposition case, the Plaintiff did not allow the Plaintiff to peruse and copy the account books, etc. on January 21, 2014. However, even if the Plaintiff did not allow the Plaintiff to peruse and copy the account books, etc., and the account books and documents intended to peruse and copy are too broad and specified.

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