Of the part against the defendant in the judgment of the court below, the part of the claim as to each of the documents listed in the attached list 3, 4, 7, 9, and 10.

The grounds of appeal are examined.

1. As to the claim as to each of the documents listed in the separate sheet 3, 4, 7, 9, and 10

(a) Any shareholder who holds shares representing no less than 3/100 of the total issued and outstanding shares may demand, in writing, the inspection or copying of the account books and documents stating the grounds therefor in accordance with Article 466 (1) of the Commercial Act;

Where time is required for inspection and copying, the shareholder who has requested inspection and copying shall hold not less than 3/100 of the total number of issued and outstanding shares through the entire period, and where an inspection and copying of the account books is requested for a judicial trial, the requirements for holding the above shares shall be met during the duration of litigation.

B. According to the reasoning of the judgment below, the plaintiff is a shareholder holding 3,00 shares out of the total number of shares issued by the defendant 9,000 shares, and ② the plaintiff requested the defendant to peruse and copy account books and documents entered in the separate sheet with reasons attached to the defendant, but the defendant refused to do so; ③ The plaintiff filed the lawsuit in this case seeking to peruse and copy account books and documents; and ③ The defendant may recognize that D, the existing shareholder of which was 46,00 shares issued by the method of shareholder allocation and acquired 46,00 shares and 46,00 shares respectively during the period of the first trial.

Accordingly, the total number of shares issued by the defendant was 101,000 shares (=9,000 shares 46,000 shares).

C. Examining the above facts in light of the legal principles as seen earlier, the Plaintiff owned 3,00 shares equivalent to 33.33% of the total number of shares issued by the Defendant at the time of filing the instant lawsuit, and held 3/100 or more of the total number of shares issued as required by Article 466(1) of the Commercial Act, but held 2.97% of the total number of shares issued by the Defendant due to the said issuance of new shares (= 3,000 shares ± 101,00 shares ± 100 shares) and held less than 3/100 of the total number of shares issued by the Defendant, barring special circumstances, such as the invalidity or absence of the above issuance of new shares.