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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
Pursuant to Article 466(1) of the Commercial Act, the Plaintiff’s shareholder holding 50% of the Defendant’s shares and against the Defendant pursuant to the Busan District Court Decision 2015Kahap10346 of the Commercial Act, as the Defendant’s account books [the director of the provisional payment account, director of the provisional payment account, director of the short-term loan account, director of the cash account, cash receipt and disbursement account, and cash receipt and disbursement account (hereinafter
[) In seeking inspection and copying of the case, an indirect compulsory performance was also filed to seek payment of KRW 10 million per day per violation day by the time of inspection and copying (hereinafter “instant provisional disposition”).
On September 1, 2015, the Busan District Court accepted an application for inspection and copying of the accounting books from January 2013 to August 31, 2015 among the instant accounting books among the Plaintiff’s above applications, and rendered a provisional disposition that all of the remaining applications (including indirect compulsory application) dismissed.
As to this, the Plaintiff filed an immediate appeal with Busan High Court No. 2015Ra5071. On November 13, 2015, the Busan High Court rendered a decision ordering the payment of KRW 10 million per day from the date of the violation to the date of performance of the duty to peruse and copy the accounting books (hereinafter “decision of this case”). If the Defendant violated the duty to peruse and copy the accounting books of this case, the Busan High Court allowed the application for perusal and copy of the accounting books from January 13, 2013 to October 31, 2015.
Accordingly, in accordance with the instant decision, the Defendant prepared and issued a written confirmation from the Plaintiff on November 24, 2015 (hereinafter referred to as the “written confirmation of this case”) stating that the Defendant had impaired the Plaintiff’s perusal and copying of the accounting books, such as the trust account transaction data and the trust expenditure resolution between the Defendant and KB real estate trust, and that “the perusal of all the documents indicated in the instant decision text is confirmed” (hereinafter referred to as “written confirmation”).
Meanwhile, the Defendant re-appealed the instant decision by Supreme Court Decision 2015Ma4482, but February 25, 2016.