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(영문) 대전지방법원공주지원 2016.01.13 2015가합20250
회계장부 및 서류 열람ㆍ등사 청구의 소
Text

1. The defendant shall set a gold-ro for 14 days during the 14th day after the date this judgment became final and conclusive, except Saturdays and holidays.

Reasons

1. Facts of recognition;

A. The Plaintiff, as a member of the Defendant Company, has one-fourth of the total number of equity shares.

B. The Plaintiff requested the Defendant to inspect and copy the account books and documents in the separate sheet in order to ascertain the details of use of the Defendant Company’s capital increase amounting to KRW 50 million, and the details of disbursement of rent revenue, etc., but the Defendant did not comply with this.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 6 (including virtual number), and the purport of whole pleadings

2. Determination

A. Article 566(1) of the Commercial Act provides that "a director shall keep the articles of incorporation and the minutes of a general meeting at the principal office and branch offices, and a member’s list at the principal office." Article 566(3) provides that “a member or a creditor of a company may request, at any time during business hours, the inspection or copying of the documents specified in paragraph (1).” Article 581(1) provides that “a member who holds contribution units representing at least 3/100 of the capital may demand inspection or copying of the accounting books and documents.”

B. Each account book and document in the separate sheet in which the plaintiff is seeking to inspect and copy are essential documents that allow the inspection and copying to its members under Article 566 of the Commercial Act or account books and documents that form the basis for the preparation of account books and their account books.

The Plaintiff, through the instant complaint, has specified the reasonable grounds for the perusal and copying thereof. Furthermore, insofar as the Defendant did not disclose the details of the account to the Plaintiff, who is a joint investor and employee of the Defendant Company, the need for perusal and copying is also required.

Therefore, barring any special circumstance, the defendant shall take photographs of the documents and books stated in the attached list to the plaintiff within the business hours at the location of the defendant's principal office and computer diskettes.

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