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1. The defendant shall list the plaintiff for the period of 20 days, excluding Saturdays and public holidays from three days after the date this judgment became final and conclusive.
Reasons
1. Facts of recognition;
A. The Defendant is a stock company established for the purpose of manufacturing business, etc., and the Plaintiff holds 2,000 shares out of 5,000 shares issued by the Defendant as of June 2016.
B. On May 8, 2017, May 18, 2017, and June 2, 2017, the Plaintiff refused to request the Defendant to peruse and copy the Defendant’s financial statements, account books, cash receipts and disbursements, account books, and other related documents, and other documents related to the said documents, on three occasions, in the year 2014, 2015, and 2016, and 2016.
[Reasons for Recognition] Class A, Nos. 1, 2, and 1 (including additional numbers), and the purport of the whole pleadings
2. Any shareholder who holds no less than 3/100 of the total issued and outstanding shares in a judgment on the cause of a claim may request, in writing stating the reasons therefor, the perusal or copying of the account books and documents (Article 466(1) of the Commercial Act). Since the perusal or copying of the account books and documents is serious in the management of the account, it shall be done with careful caution in the procedure and at the same time, in order to make the other party’s company permit perusal or copying of the account books and documents, and shall enter the reasons in detail in order to make the judgment easily possible.
(See Supreme Court Decision 9Da137 delivered on December 21, 1999). As seen earlier, the Plaintiff holds 2,000 shares issued by the Defendant. As such, 3/100 of the total number of shares issued by the Defendant is 150 shares (=5,00 shares x 3/100).
Since the Plaintiff holds shares equivalent to above, and the Defendant, a de facto director, is entirely controlled and managed by C through the instant complaint, it is revealed that the Plaintiff, a shareholder, requests for perusal and copying of the Defendant’s account books and documents in order to ascertain the status of the Defendant’s operation.