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1. The part of the lawsuit in this case concerning the perusal and copy of the minutes of the board of directors shall be dismissed.
2. The defendant shall be the plaintiff and the defendant.
Reasons
1. Facts of recognition;
A. The Defendant is a stock company with the purpose of electrical construction business, etc., and the total number of issued stocks is 35,000 shares as of June 30, 2018.
B. The Plaintiff is a shareholder holding 6,00 shares of the Defendant and is registered in the Defendant’s register of shareholders.
C. On May 2018, the Plaintiff filed a request for perusal and copy of the documents listed in the separate sheet Nos. 1 and 2 to identify, investigate, and supervise the management status of the Defendant, but the Defendant rejected such request.
[Ground of recognition] Facts without dispute, Eul's evidence 8-7, the purport of the whole pleadings
2. The parties' assertion
A. Since the Plaintiff is the Plaintiff’s shareholder, the Defendant is required to allow the perusal and copy of the articles of incorporation, minutes of shareholders’ meeting, shareholders’ list, bond register, minutes of directors’ meeting, and financial statements as shown in the attached Forms 1 and 2 pursuant to Articles 396(2), 391-3(3), and 448(2) of the Commercial Act.
B. Around July 2001, the Plaintiff is merely a shareholder of the Defendant from the time when the Plaintiff recovered its investment money, and thus, cannot accept the instant claim made in the position of a shareholder. Even if the Plaintiff is recognized as a shareholder, the above perusal and copy claim is unfair, and thus, the Defendant may refuse it.
3. With regard to the legitimacy of the part concerning the reading and copying of the meeting minutes of the board of directors, ex officio determination as to the legitimacy of this part of the lawsuit in this case, under Article 391-3(3) and (4) of the Commercial Act, a shareholder may request the perusal or copying of the meeting minutes of the board of directors within business hours. However, the company may refuse the request with reasons attached thereto. In such a case, the shareholder may peruse or copy the meeting minutes of the board of directors with permission of the court. Thus, the permission case, such as perusal of the meeting minutes of the board of directors under Article 391-3(4) of the Commercial Act, is a non-contentious case as stipulated in Article 72(1) of