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(영문) 서울중앙지방법원 2017.08.17 2017가합13484
부속명세서등 열람.등사청구의 소
Text

1. The defendant and the appointed party C, D, E or their agents, certified public accountants, and other persons.

Reasons

1. Basic facts

A. The defendant is a stock company established by the Commercial Act on September 19, 195 for the purpose of manufacturing and selling computers and peripheral devices, and the plaintiff (appointed parties) and the appointed parties C, D, and E (hereinafter "Plaintiffs") hold some of the common shares (total share 4,020,010 shares) issued by the defendant as follows.

Plaintiff (Appointed Party) : 67,444 S: 41,00 S: 21,000 S: 2,000 note E: 2,00 note

B. On August 29, 2016, the Plaintiffs requested the Defendant to peruse and copy the company’s articles of incorporation and minutes, shareholders’ list, minutes, minutes of the board of directors’ meeting, financial statements and accompanying statements, business reports, and audit and inspection reports from 2011 to 2015, on three occasions on September 29, 2016. (2) The Defendant: (a) on October 18, 2016, the Plaintiffs requested the Defendant to peruse and copy the company’s articles of incorporation, minutes of shareholders’ meeting from 2011 to 2015, minutes of the board of directors’ meeting, external audit and inspection reports, and business reports.

3) On October 21, 2016, the Plaintiffs failed to inspect and copy the shareholders’ list, financial statements, accompanying statements, and audit report from the fiscal year 201 to 2015, and requested the Defendant to inspect and copy the said documents. (4) On October 27, 2016, the Defendant sent that the financial statements requested by the Plaintiffs on October 27, 2016 are included in the audit report already perused and sealed, the shareholders’ list cannot be provided as personal information, and accompanying statements cannot be provided as accounting data.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. Determination

A. According to Article 396(2) of the Commercial Act, a shareholder may request the inspection of the articles of incorporation, the list of shareholders, etc. of the company at any time during business hours. According to Article 448(2) of the Commercial Act, a shareholder shall submit financial statements and business reports at any time during business hours.

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