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(영문) 서울남부지방법원 2018.11.02 2018가합106419
장부 등 열람등사 청구의 소
Text

1. Of the instant lawsuit, the Defendant’s statement of expenditure from June 1, 2009 to June 4, 2018, and all other accounting books.

Reasons

1. Facts of recognition;

A. The defendant is a company established on August 14, 2008 for the purpose of exploration, development, production, and sale of energy resources, such as domestic and foreign petroleum, natural gas, and coal, and consulting business, and the total number of shares issued by the defendant is 180,000 common shares (one share amount of 5,000 won, and 900 million won capital).

B. Of the Defendant’s shares issued 180,000 shares, Plaintiff A holds 2,00 shares, Plaintiff B, C, and D respectively.

C. The Defendant, through G Co., Ltd. (hereinafter “G”), is running a real estate implementation project (hereinafter “H”) that carries out the construction of a main complex building on its ground by leasing land from the Government of Papua New Airport in Papua New Airport through its affiliated company (hereinafter “G”).

Plaintiff

On April 19, 2018, A, B, and C filed a claim for perusal and copying of accounting books with the content-certified mail stating that “the applicants are shareholders holding at least 3% of the Defendant’s shares, and have filed a claim for perusal and copying of all the accounting books (e.g., balance sheets, cash flow sheets, statement of profit and loss, statement of expenditure statement, etc.) from June 1, 2009 to April 18, 2018, as shareholders who hold at least 3% of the Defendant’s shares, pursuant to Article 466(1) of the Commercial Act.”

E. Accordingly, on May 1, 2018, the Defendant responded to the Plaintiff, etc. to the effect that “the Defendant disclosed financial statements at the time of the general meeting of shareholders every year, and the representative director is currently on the business trip Papua New Daily, and thus, he/she would allow the Plaintiff, etc. to peruse the accounting books after May 8, 2018, which is the scheduled date for returning the representative director

F. While emphasizing that Plaintiff A, B, and C filed a request for copying as well as copying on May 3, 2018, Plaintiff A, B, and C’s scope of the book of account for which inspection and copying is sought is recorded as shown in attached Table 2.

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