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(영문) 광주고등법원 2016.09.30 2015나14630
청구이의
Text

1. Revocation of the first instance judgment.

2. All of the Plaintiff’s claims, including any selective claims added at the trial.

Reasons

1. Facts of recognition;

A. The status of the party is a company that operates solar power generation business, electrical construction business, etc., and the defendant is the representative director of C, and C (formerly changed company: F) has 162,000 shares of the plaintiff (17.23% shares).

On November 12, 2014, the Defendant, as the representative director of C, filed an application for provisional disposition of perusal and copying of accounting books, etc. with the Gwangju District Court 2014Kahap861 with the Plaintiff as the applicant on November 12, 2014 as the applicant.

However, the Gwangju District Court ordered the defendant to correct the applicant as "the defendant", and accordingly the defendant corrected the applicant as "the defendant".

(Plaintiff did not specifically raise any objection to the above measures. For this reason, the Defendant was entitled to obtain a provisional disposition for perusal and copy of the account books, etc. of Gwangju District Court 2014Kahap861 and its execution clause under the name of “Defendant”.

B. On November 12, 2014, the Defendant filed a provisional disposition against the Plaintiff on the account books, etc. (Seoul District Court 2014Kahap861) with respect to “the details of financial transactions of the corporate account books, etc. between January 2007 and June 2014, the account books, receipts, corporate cards, details of the use of the settlement of accounts from January 2007 to June 2014, and evidential documents, such as the corporate account books, etc., from January 2007 to June 2014, the Defendant applied for provisional disposition (the Gwangju District Court 2014Kahap861).”

On November 19, 2014, the Gwangju District Court shall allow the creditor (defendant) to peruse (including photographing and copying computer diskettes) the books and documents (including photographing and copying computer diskettes) of the debtor (Plaintiff) within the business hours at the head office of the debtor (Plaintiff) only within 20 days after three days from the date on which the decision is served, excluding Saturdays and holidays. In the event that the debtor (Plaintiff) fails to perform the above obligation, the amount of one million won per day of the violation shall be paid to the creditor (defendant).

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