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(영문) 광주고등법원 2018.10.05 2017나15293
집행문부여에 대한 이의의 소
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in the test equipment supply business, chemical medicine, and toxic substance supply business. The Defendant is a shareholder who holds 2,000 shares of the Plaintiff (40% shares).

B. The Defendant filed an application against the Plaintiff for provisional disposition of the instant provisional disposition, including financial statements, with the Gwangju District Court’s net support (hereinafter “netial support”) 2015Kahap208. On February 16, 2016, the instant provisional disposition was rendered as follows.

(hereinafter referred to as the “instant provisional disposition order”). 1. The debtor shall set aside possession of the documents listed in the attached list of cited copies, and shall deliver them to the execution officer entrusted by the creditor and keep them.

2.The execution officer shall keep the above documents at the debtor's principal office for 15 days except Saturdays and holidays from the date of execution of this decision, and allow the perusal and copying (including copying with photographing and computer storage equipment) only for business hours (09.00~18:00) at the debtor's principal office at the creditor's request during that period.

However, the use of the above documents must be permitted to the obligor to the extent that it does not interfere with the creditor's inspection.

C. On March 9, 2016, the Defendant started executing the instant provisional disposition order, but asserted that the Plaintiff did not perform his/her obligations by failing to submit some documents, and filed an application for indirect compulsory enforcement with the net support C.

On June 14, 2016, the net support rendered a ruling of allowing the inspection, copying, and indirect compulsory execution as follows, which became final and conclusive around that time.

(hereinafter referred to as “instant indirect compulsory performance decision”). 1. The respondent shall be allowed to peruse and copy the documents listed in the separate sheet only for 15 days except Saturdays and holidays from the date on which 3 days have elapsed after being notified of this decision, and only for business hours (09:0-18:00) at the Respondent’s principal office.

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