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(영문) 광주지방법원 2015.10.02 2015가합50691
청구이의
Text

1. The defendant's provisional disposition against the plaintiff was rendered for perusal and copying of the account books, etc. of the Gwangju District Court 2014Kahap861.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company running solar power generation business, electrical construction business, etc., and the Defendant is the representative director of C, a stock company, holding 162,00 shares of the Plaintiff in the name of C (17.23% shares).

B. On November 12, 2014, the Defendant filed an application with the Plaintiff for provisional disposition of perusal and copying of accounting books, etc. with the Gwangju District Court 2014Kahap861, and the said court rendered a decision as follows (hereinafter “instant provisional disposition order”) on November 19, 2014.

The above decision was served on the Plaintiff on November 21, 2014.

1. The debtor (the plaintiff) shall allow the creditor (the defendant) to inspect and copy (including photographing and copying computer diskettes) the documents and books in the separate sheet only during business hours at the debtor's principal office for 20 days, excluding Saturdays and legal holidays from three days after the date on which he/she is served with the decision of provisional disposition of this case.

2. If the obligor fails to perform the obligation as referred to in paragraph (1), he shall pay 1,00,000 won per day of the offense to the obligee.

C. According to the instant provisional disposition decision, the Defendant perused and perused most of the accounting books and documents recorded in the separate sheet from November 25, 2014 to December 22, 2014 (hereinafter “instant accounting books and documents”).

The defendant 2.2.B.,

On December 29, 2014, asserting that the inspection and copying of some accounting books and documents were not permitted as stated in the foregoing paragraph, and on December 29, 2014, based on the indirect compulsory enforcement decision of the instant provisional disposition (hereinafter “instant indirect compulsory enforcement decision”), the Gwangju District Court issued a claim amount of KRW 24,025,300 (in indirect compulsory enforcement procedure cost of KRW 24 million and KRW 25,300) with respect to the Plaintiff’s deposit claim against the new bank, the Gwangju District Court issued a collection order on December 31, 2014, with the claim amount of KRW 24,025,300 (in indirect compulsory enforcement procedure cost of KRW 24 million and KRW 25,300).

E. The Defendant against the Plaintiff on May 4, 2015, shall be the Gwangju District Court.

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