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(영문) 대전지방법원 2015.08.26 2015가합101379
회계장부 등 열람 및 등사 청구의 소
Text

1. Of the instant lawsuit, the part concerning the claim for perusal and copy of the documents listed in paragraph 6 of the attached list shall be dismissed.

2...

Reasons

Basic Facts

The defendant's status is 60,000 shares issued by the company that runs a bus transport business, and the total amount of capital is 300,000,000 won.

Plaintiff

As of March 25, 2015, the Plaintiffs, as of March 25, 2015, hold the shares of the Defendant Company as follows, 13.89% B 3,197, 5.32% C 6,287, 10.47% of the shares of the number of shares A8,334, 13.89% B 3

On December 31, 2014, and January 15, 2015, the plaintiffs' claims for inspection and copying of the books of account, etc., and the defendant's refusal to request inspection and copying of the documents of 11 items, including the documents related to the payment of remuneration and the board of directors' meeting minutes, etc. kept by the defendant company to verify the operating status of the company as a shareholder of the defendant company and the propriety of the execution of funds. However, the defendant did not comply with this.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 5, 6, 7, and 8, Eul evidence Nos. 3 (including a Serial number; hereinafter the same shall apply), and Eul evidence Nos. 6 of the entire purport of the pleadings. According to Article 391-3 (3) and (4) of the Commercial Act, a shareholder may request the inspection or reproduction of the minutes of the board of directors within business hours, but the company may refuse the request with the court's permission. In such a case, the shareholder may inspect or copy the minutes of the board of directors with the permission of the court. Since the permission case, such as the inspection of the minutes of the board of directors under Article 391-3 (4) of the Commercial Act, is non-contentious matters provided for in Article 72 (1) of the Non-Contentious Case Litigation Procedure Act, it is not permitted to request the inspection or reproduction of the minutes of the board of directors by civil procedure (see Supreme Court Decision 2013Da50367, Nov. 28, 2013). 2013).

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