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(영문) 대구지방법원 2014.08.21 2014가합4082
정관등 열람,등사 청구
Text

1. The defendant's articles of incorporation (1) and (2) from 2009 accounts to 2013.

Reasons

1. Basic facts

A. The Defendant is a stock company with the purpose of selling and manufacturing sports supplies and leisure supplies, and export and import business. The Plaintiff is a stockholder holding 2,100 shares equivalent to 3.003% of the total number of the Defendant’s issued and outstanding shares.

B. From February 11, 2014 to April 14, 2014, the Plaintiff requested the Defendant to inspect and copy the Defendant’s articles of incorporation, ② the minutes of the ordinary shareholders’ meeting from 2009 accounts to 2013, ③ the audit report, ④ the business report, ⑤ the accompanying statements of the financial statements, but the Defendant did not comply with the request up to the present date.

(1) Directors shall keep the articles of incorporation, minutes of the general meeting of shareholders at the head office and branch offices, shareholders' list, and bond register at the principal office.

In such cases, when a transfer agent is appointed, the register of shareholders, the bond register or its duplicate may be kept in the business office of the transfer agent.

(2) Stockholders and creditors may request, at any time during the business hours, the inspection or copying of the documents mentioned in paragraph (1).

Article 48 (Keeping and Public Disclosure of Financial Statements, etc.) (1) Directors shall keep documents under Articles 447 and 447-2, and an audit report at the principal office of the company for five years, and a certified copy thereof at the branch offices for three years, from one week prior to the date of the ordinary general meeting

(2) Stockholders and creditors may, at any time during business hours, inspect the documents referred to in paragraph (1) and request to deliver certified copies or abridged copies of such documents by paying such expenses as determined by the company.

Article 447 (Preparation of Financial Statements) (1) Directors shall prepare the following documents and accompanying statements for each fiscal term and obtain approval of the board of directors:

1. Balance sheet;

2. Income statement;

3. Other documents prescribed by Presidential Decree, which indicate financial status and management performance of a company.

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