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(영문) 서울고등법원 2015.05.21 2014나27724
청구이의
Text

1.The judgment of the first instance shall be modified as follows:

The Seoul Southern District Court C.

Reasons

1. Basic facts

A. The Defendant, as the Plaintiff’s shareholder, filed an application for provisional injunction against the Plaintiff for perusal and copying of accounting books, etc. with the Seoul Southern District Court 2012Kahap274, and the said court on July 16, 2012, attached the scope of the perusal and copying requested by the Defendant.

1. The Plaintiff’s decision of partial acceptance (hereinafter “instant provisional disposition decision”) to the effect that “the Plaintiff shall allow the Defendant or his/her representative to peruse and copy the books and documents at the Plaintiff’s headquarters within ten business hours from three days after the date of receipt of the above decision, excluding legal holidays,” and the said decision was sent respectively to the Plaintiff and the Defendant on July 17, 2012.

B. Notwithstanding the decision of provisional disposition in this case, the Defendant applied for indirect compulsory enforcement against the Plaintiff on the ground that the Plaintiff did not allow the Plaintiff to inspect and copy some documents. On October 11, 2012, the said court rendered a decision of indirect compulsory enforcement as follows (hereinafter “decision of indirect compulsory enforcement”). The said decision was sent to the Plaintiff and the Defendant on October 17, 2012, respectively.

(hereinafter referred to as the “Plaintiff”, and the obligee refers to the “Defendant,” respectively. 1. The obligor is attached to the obligee or his agent at the obligor’s head office within 10 days, excluding holidays, from three days after the date on which he is served with this decision.

2. The Government shall allow perusal and copying of the books and documents entered in the list (including photographs and reproduction thereof into computer storage media).

2. A creditor or his agent may be accompanied by an attorney-at-law, certified public accountant or other assistant in making a perusal or reproduction under paragraph (1).

3. If the obligor fails to perform the obligations set forth in paragraphs 1 and 2, it shall pay to the obligee the amount calculated at the rate of KRW 500,000 per day from the day following the expiration of the above 10-day period until the day when the performance is completed.

(c).

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