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(영문) 서울고등법원 2014.12.12 2013나70110
회계장부 등 열람및등사 청구
Text

1. The plaintiff's appeal and the defendant's appeal are all dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The following facts do not conflict between the parties or may be acknowledged by taking into account the following facts: Gap evidence 1 to 4, Gap evidence 5-1 to 7, Gap evidence 9 to 11, Gap evidence 14, Eul evidence 15, Eul evidence 10-1 and Eul evidence 10-2.

On July 29, 2010, the Plaintiff, a representative director of the Defendant, was provided as security the Defendant’s shares 24,580 shares issued by the Defendant (hereinafter “instant shares”). On the same day, on February 28, 2011, the Plaintiff and B acquired the instant shares from B with the acquisition of KRW 6,184,00,00 from B.

Since February 28, 2011, the Plaintiff and B completed the procedure for transferring the instant shares to the Plaintiff by February 28, 201, and prepared a confirmation statement to the effect that the said loan agreement and the security agreement will become null and void. Since February 28, 2011, the Plaintiff holds the instant shares equivalent to 20% of the total number of shares issued by the Defendant.

On the other hand, B holds the remaining shares of 98,320 shares equivalent to 80% of the total number of shares issued by the defendant.

B. The Plaintiff raised the issue of embezzlement, breach of trust, etc. against B from March 28, 2012 to the same year.

4. By the end of February, 200, B demanded the Defendant to submit data including the benefit ledger and the provisional payment ledger to the Defendant, and thereafter, B, as the Defendant’s representative director, purchased the Defendant’s shares with the Defendant’s funds, released KRW 2 billion per month under the name of wages, etc. as if the Defendant’s employee was the Defendant’s employee. On May 10, 2012, B, asserting that B embezzled KRW 2 billion through the Defendant’s provisional payment account, the above act constitutes embezzlement or breach of trust, and thus, promised the Plaintiff to restore it to the original state and to prevent recurrence, or the Plaintiff and the Plaintiff.

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