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(영문) 부산지방법원 2017.01.19 2016가합46652
회계장부열람 및 등사
Text

1. The defendant's head office, books and documents stated in the attached list 1 to the plaintiff.

Reasons

1. Basic facts

A. The Defendant is a company engaged in the business of manufacturing and selling raw materials for recycling resin, etc., and was dissolved pursuant to Article 520-2(1) of the Commercial Act on December 5, 2016 due to business depression, etc., and the Plaintiff is a shareholder holding 3,000 shares of the Defendant’s shares among 20,600 shares (a approximately 15% shares).

B. From around 2013, the Defendant left the process of liquidation. Around August 2013, the Defendant sold the factory, etc. where the Defendant’s place of business was located.

After that, according to the defendant's claim for distribution of the defendant's property that the defendant sent to the plaintiff, a total of 238,490,000 won is 34,724,00 won of the plaintiff's balance standard distribution, while the plaintiff's debt amount is 201,054,00 won.

Accordingly, in order to verify the details of the draft distribution of the relevant property, the Plaintiff requested the Defendant to submit materials related to the draft distribution, such as the Defendant’s account book and the settlement of accounts, etc. on May 20, 2014 and January 19, 2015, but the Defendant cannot receive dividends exceeding the balance of the Plaintiff’s debt.

The plaintiff rejected the plaintiff's request for data by requesting only the plaintiff's consent to the settlement of settlement amount.

C. At the time of liquidation, the Plaintiff filed a complaint against C, the representative director of the Defendant, on suspicion of occupational embezzlement (Article 90614 of the Busan District Prosecutors' Office, 2015), and the prosecutor of the Busan District Prosecutors' Office, on January 18, 2016, prosecuted C on the ground that it was not suspected of having been prosecuted (Evidence of Evidence).

(hereinafter referred to as the “instant prosecution investigation”) / 3, and the purport of the whole pleadings and arguments of Gap’s evidence 1 through 6, Eul’s evidence 1, 3, and 5 (including the serial number; hereinafter the same shall apply)

2. Determination

A. According to the relevant legal doctrine and Article 466(1) of the Commercial Act, shareholders who hold shares representing no less than 3/100 of the total issued and outstanding shares may request, in writing stating the grounds therefor, the inspection or copying of the account books and documents. The perusal or copying of the account books and documents is a serious reason for accounting management.

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