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(영문) 광주지방법원순천지원 2017.08.23 2016가합13292
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that is engaged in the test equipment supply business, chemical medicine, and poisonous substance supply business, and the Defendant is a shareholder that holds 2,000 shares of the Plaintiff company (40% shares).

B. On February 16, 2016, the Defendant filed an application against the Plaintiff Company for a provisional disposition on the inspection and copying of financial statements, etc. (hereinafter “documents subject to provisional disposition”) with this court. On February 16, 2016, the Defendant rendered a decision to allow the inspection and copying of the following documents (hereinafter “documents subject to provisional disposition”).

(hereinafter “instant provisional disposition order”) 1. A.

A detailed statement of the entry into a corporation deposit passbook from January 2009 to October 2015.

(b) A detailed statement of the payment of executive officers and employees' benefits (including the sales contribution) and bonuses;

(c) Current status of financial transactions between the debtor and his/her major shareholder (including specially related persons, such as family members of his/her major shareholder) and details of guarantees and guarantees provided by the

2. A detailed statement of insurance that the debtor has contracted Samsung Bio-resources;

3.(a)

Standard financial statements (detailed statement of ordinary deposits, detailed statement of long-term deposits, detailed statement of short-term loans, detailed statement of value-added taxes, provisional receipts and provisional payments, welfare expenses, travel expenses, travel expenses, vehicle maintenance expenses, advertisement expenses, publicity expenses, and other specifications of sales expenses and management expenses)

(b) Time and details of the first occurrence of the liabilities of stockholders and executives;

B. The Plaintiff Company failed to comply with its obligation under the instant provisional disposition order, such as failure to submit a part of the documents subject to provisional disposition, etc., and the Defendant filed an application for indirect compulsory performance against the Plaintiff Company to this court C. (2) The Plaintiff Company had the Plaintiff Company peruse and copy some of the documents on April 21, 2016 where the said indirect compulsory performance case was pending, but the remainder documents still did not allow the Plaintiff to peruse and copy them.

3) Accordingly, this Court held on June 14, 2016 each of the following documents (hereinafter “documents subject to indirect compulsory performance”).

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