The part concerning the request for inspection and copy of the minutes of the board of directors among the lawsuits of this case shall be dismissed.

The defendant is the plaintiff.

Basic Facts

The defendant is an investment company for the establishment of small and medium enterprises under the Support for Small and Medium Enterprise Establishment Act in order to make an investment in the founders. The plaintiff is a shareholder holding approximately 7.99% of the total number of shares issued by the defendant, which is about 2,000,000 shares of the defendant.

(A) On December 10, 2013, the Plaintiff filed a claim with the Defendant for inspection and copying of the documents of 22 items, including the president, assistant director, and office of regulations, etc. of the total account kept by the Defendant to identify the management status of the company as a shareholder, but the Defendant did not comply with such claim.

(A) Evidence No. 11 and Evidence No. 4-2). Accordingly, pursuant to Article 466(1) of the Commercial Act, the Plaintiff filed the instant lawsuit seeking perusal and copying of the books and documents in the attached Table No. 1.

The Plaintiff, in the instant lawsuit, also sought perusal and copy of the minutes of board of directors from the date of establishment of the Defendant Company to the date of its perusal and copy of the minutes of board of directors (which appears to mean the minutes of board of directors). According to Article 391-3(3) and (4) of the Commercial Act, a shareholder may request perusal and copy of the minutes of board of directors during business hours, but the company may refuse such request with the reasons specified. In such a case, the shareholder may peruse and copy the minutes of board of directors with the permission of the court. Since the permission case, such as perusal of the minutes of board of directors under Article 391-3(4) of the Commercial Act, is non-contentious cases stipulated in Article 72(1) of the Non-Contentious Case Litigation Procedure Act, it is not allowed to request perusal and copy of the minutes of board of directors by means of civil procedure (see Supreme Court Decision 2013Da50367, Nov. 28, 2013).

A decision on the grounds of the claim concerning the perusal and copy of the remaining documents shall be issued.