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(영문) 서울서부지방법원 2017.12.21 2016가합34335
청구이의
Text

1. The plaintiff's claim is dismissed.

2. This case is filed in the case of application for the suspension of compulsory execution by the Seoul Western District Court 2016 Chicago5166

Reasons

1. Facts of recognition;

A. The Plaintiff (former: D) is a company established for the purpose of domestic and foreign postnatal care center business.

B. Under Article 466 of the Commercial Act, as a shareholder holding at least 3/100 of the Plaintiff’s shares, the Defendant (hereinafter “Defendant”) filed an indirect compulsory enforcement seeking to inspect and copy the accounting books and documents of the Plaintiff Company by Seoul Western District Court 2015Kahap732. On March 16, 2016, the above court rendered a decision on March 16, 2016 that “the obligor (Plaintiff) rendered a delivery of the instant decision to the obligee (the Defendant) or his/her representative at the obligor’s principal office only during business hours from 09:0 to 18:00 only during business hours from 3 days after the date of receipt of the instant decision, to allow the Plaintiff to inspect and copy (including copying with photographs and computer storage devices) the accounting books and documents in the attached list (hereinafter “instant book”). Where the obligor violates an order under paragraph (1) of the same Article, the court rendered a decision on March 16, 2012 to the Plaintiff (hereinafter “instant order”).

C. According to the instant decision, the Defendant falls under Saturdays and Sundays from March 24, 2016 to April 5, 2016 pursuant to the instant decision.

3.26.

3.27.

4.2.

4. 3. Excluded: 10:00 am, 2:0 am, 5:0 am, and 10:0 am on April 6, 2016, the Plaintiff visited the Plaintiff’s head office at 10:00 am and demanded to inspect and copy the instant books at 28:0 am. On March 29, 2016, the Plaintiff provided the Defendant with documents as listed below in the instant books, and the Defendant drafted a certificate of receipt.

Non-existence of the documents provided by the Plaintiff

1. The statement of accounts (certificate of a balance by account/transaction) the total balance of the statement of accounts for settlement, the ledger of the head of the sales office for the purchase and sale of the balance of the statement of accounts, and the data on the current status of the corporation card and the details of use of the report of performance of withholding and repayment, respectively, of the settlement of accounts by account; the data in

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