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(영문) 전주지방법원 남원지원 2018.12.06 2018가합1177
회계장부등 열람및 등사청구의소
Text

1. The defendant excluded a legal holiday from the office of the defendant's head office seven days after the date this judgment became final and conclusive.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) The total number of outstanding shares issued by the Defendant is 30,000 (10,000 won per share) for the purpose of running the manufacturing and sales business of ready-mixeds. The total number of outstanding shares issued by the Defendant is 30,000 won per share (10,000 won per share). The number of shares owned by the Plaintiff is 4,000,000 (40,000, 41,500,000, 115,000, 115,000,000, 33 E- 5,000,50,500,500,000,000, 38.33 E- 5,000,000,630,000,0000 or more per share) as shares owned by the Defendant is as follows:

3) On March 15, 2018, the Plaintiff requested the Defendant to forward the above request on the account books, such as financial statements and income statements, on the ground that the Defendant did not state all matters concerning the business performance, including the annual closing accounts, or the content of accounts, and that the report on the settlement of accounts was not followed. However, the Defendant rejected the above request on or around April 6, 2018. [Grounds for recognition] The Defendant did not dispute any dispute, the evidence Nos. 1 through 7, and the statement No. 4 in the evidence No. 4 (including the serial number, and the purport of the entire pleadings).

B. Determination 1) A shareholder who holds no less than 3/100 of the total issued and outstanding shares in the judgment on the claim for perusal and copying of accounting books, etc. may file a written request stating the reasons therefor, and the company shall not refuse such request unless it proves that such shareholder’s request is unreasonable (Article 466(1) and (2) of the Commercial Act). However, according to the facts acknowledged earlier, the Plaintiff filed a claim for perusal and copying of the accounting books, etc. with the Defendant, as a shareholder who holds no less than 13.3% of the total issued and outstanding shares of the Defendant, stating the reasons for the claim for perusal and copying of the accounting books, etc., and thus, barring any special circumstance, the Defendant is obligated to allow the Plaintiff to peruse and copy the accounting books and documents entered in the separate sheet, which the Plaintiff seeks.

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