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(영문) 춘천지방법원원주지원 2017.05.18 2016가합5425
회사에 관한 소송
Text

1. The defendant is the head office of the defendant to the plaintiff for a period of 30 days, excluding holidays from three days after the date this judgment became final and conclusive.

Reasons

Basic Facts

The Defendant is a stock company established for the purpose of water supply, construction, electricity, civil engineering, fire-fighting materials, and sales business. As of the date of closing argument of this case, the Plaintiff is registered as a shareholder holding 3,520 shares (3.52%) among the Defendant’s shares issued by the Defendant’s shareholder registry as of the date of closing argument of this case.

On July 21, 2015, the Defendant held a board of directors and passed a resolution to issue new shares on 5,000 common shares of KRW 10,000 at par value.

(hereinafter “Resolution to Issue New Stocks of this case”). [Ground for recognition] does not dispute, Gap’s evidence No. 1, Eul’s evidence No. 1, and the plaintiff’s assertion to the purport of the whole pleadings is a shareholder who held 35.28% of the shares issued by the defendant prior to the resolution to issue the new shares of this case.

In order to confirm the actual state of management of the defendant and to exercise shareholder's rights as a shareholder, such as prosecution of responsibility, maintenance claim, etc., the defendant made a resolution to issue new stocks of this case without due process, such as notification to the plaintiff, and thereby, committed an illegal act, such as infringing upon the plaintiff's preemptive rights. Thus, the plaintiff is requested to inspect and copy each account book and document stated in the

Judgment

Directors of a corporation shall keep financial statements, business reports and audit reports at the principal office of the corporation for five years from one week prior to the date set for an ordinary general meeting, and copies thereof at the branch offices for three years, and shareholders and creditors may inspect documents kept at any time during business hours and may request the delivery of copies or extracts of such documents by paying expenses set by the company.

(Article 448 of the Commercial Act). Furthermore, a shareholder who holds shares representing no less than 3/100 of the total issued and outstanding shares may demand, in writing stating the reasons therefor, the inspection or copying of account books and documents (Article 466(1) of the Commercial Act). Unless it proves that a shareholder’s request is unreasonable, the company

(2) Paragraph (2). The Plaintiff is a shareholder who holds 33.52% of the shares issued by the Defendant, and further specific reasons are specified.

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