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(영문) 광주지방법원목포지원 2019.08.20 2018가합11454
주식명의개서등
Text

1. The defendant is the head office of the defendant for 30 days after the judgment of this case became final and conclusive to the plaintiff, excluding holidays.

Reasons

1. Basic facts

A. C was a shareholder holding 10,191 shares out of 49,000 shares issued by the Defendant.

B. On March 9, 2018, the Plaintiff acquired the entire shares of the Defendant owned by C, and requested the Defendant to peruse the transfer of ownership and account books, etc. in writing.

C. As to 10,00 shares out of C’s shares on June 1, 2018, the Defendant, on July 12, 2018, had each changed entry on July 12, 2018 with respect to the remaining shares of C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 8 through 12, Eul evidence Nos. 2 and 3, the purport of the whole pleadings

2. Determination on the cause of the claim

A. Under Article 466(1) of the Commercial Act, minority shareholders of the relevant legal doctrine company shall request the company to peruse or copy the accounting books and documents in writing, stating the reasons therefor. Since allowing perusal or copying of the accounting books and documents is serious for accounting management, it shall be done with careful caution and at the same time, with a view to allowing the other party to easily determine the existence or absence of the obligation to peruse and copy the accounting books and documents and the scope of the accounting books and documents that should not be permitted. The reasons must be written in detail.

(see, e.g., Supreme Court Decision 9Da137, Dec. 21, 1999). Moreover, the books and documents of the account subject to the request for inspection and copying must be the grounds for the request and the relevant documents, and must be specified in detail with the name, duration, etc.

(See Supreme Court Decision 9Da58051 delivered on October 26, 2001, etc.). However, in light of the fact that recognizing minority shareholders' right to inspect and copy account books, etc. for the purpose of ensuring that shareholders who do not directly participate in the management of the company can explain whether there is reason for concern that shareholders who are not directly involved in the management of the company are being able to be able to understand whether they are able to be able to be able to understand the reasons

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