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(영문) 대구지방법원 2016.09.29 2016가합1087
회계장부열람등사청구
Text

1. The defendant is from 7 days after the service date of the original copy of the judgment of this case to 09:00 to 18.

Reasons

1. Basic facts

A. The Plaintiff is a minority shareholder who holds 2,100 shares (3.003%) out of 70,000 shares issued by Defendant company for the purpose of selling and manufacturing sports supplies, etc.

B. On February 11, 2014, the Plaintiff filed an application for perusal and copying of the articles of incorporation, minutes of the general meeting of shareholders, minutes of the board of directors, financial statements, audit report, etc. with the Defendant Company.

C. On May 27, 2015 and January 27, 2016, the Defendant Company sought perusal and copying of the minutes of the board of directors, minutes of the general meeting of shareholders, financial statements, and accompanying statements from the Defendant Company, and inspected and copied some of the minutes of the board of directors, shareholders’ meeting, financial statements, and accompanying statements.

The plaintiff did not allow the defendant company to peruse and copy some documents even after receiving the judgment and decision of the court, but requested the court to obtain an indirect compulsory enforcement decision against the defendant company (Tgu District Court).

E. In other words, the same year as the Plaintiff on June 1, 2015

9. 24. The Defendant Company requested perusal and copying of the head of the Tong, the head of the subsidiary, the assistant department, the slips, and relevant evidence (such as pre-written slips, receipts, invoices, books, contracts, etc.), cash receipt and disbursement books, details of use of the corporate card, management ledger, benefit ledger, etc. However, the Defendant Company did not comply with such request.

F. As a result of the review of the documents obtained as above, D representative director of the defendant company: (a) was suspected of committing various misconducts, such as occupational breach of trust, by engaging in transactions in violation of the provisions against the prohibition of competitive business by directors without the approval of the board of directors under the Commercial Act and H and stock company I, which are listed as representative director or inside director; and (b) in particular, it is doubtful that the management of the director and auditor of the defendant company, such as the credit sales claim of the defendant company exceeds sales amount, is doubtful; and (c) thus, (d) the defendant company's management soundness is to enforce its liability and to secure surveillance.

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