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(영문) 부산지방법원 2016.11.10 2015가합45072
회계장부등열람등사이행
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a corporation established on September 6, 1990 for the purpose of manufacturing and selling chromosomes, chromosomes, and so on.

B. 51% of the total number of outstanding shares at the time of the establishment of the Defendant is registered in the register of shareholders under the name of the Plaintiff, and 49% of the shares in the Plaintiff’s name are registered in the register of shareholders, and thereafter 10% of the shares in the Plaintiff’s name are transferred to C, E and F, respectively, and 9% of the shares in the Plaintiff’s name are transferred to G, and the remaining shares in the Plaintiff’s name are

C. On April 23, 2015, the Plaintiff filed a written request for perusal and copying of the Defendant’s account books on the grounds of the Defendant’s violation of the statutes or the articles of incorporation by Defendant Management, etc., but the Defendant did not comply therewith.

In addition, the Plaintiff filed an application against the Defendant for provisional disposition on inspection and copying of books, etc. (hereinafter “instant provisional disposition”) with the Busan District Court 2015Kahap10252, but received a decision of dismissal from the above court on June 26, 2015, and filed the instant lawsuit on July 1, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 6 evidence, Eul evidence 2, the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion that the defendant did not pursue the responsibility of the defendant management despite the specific grounds for determining the violation of the articles of incorporation or statutes in the course of the defendant management's business operation, and did not pay dividends only once to the plaintiff despite the fact that considerable net profit accrued to the defendant. Since the plaintiff acquired 10% of the defendant's shares, it is a shareholder who acquired 10% of the defendant's shares, the plaintiff is entitled to request the inspection and copying of the books and documents recorded in the list, such as the attached inspection and copy ledger, pursuant to Articles 396, 44

B. Determination 1) Any shareholder may request, at any time during business hours, the perusal or reproduction of the minutes of the shareholders’ meeting (Article 396 of the Commercial Act, and any shareholder who holds shares representing at least 3/100 of the total number of issued and outstanding shares shall be subject to accounting in writing with reasons attached thereto

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