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(영문) 서울북부지방법원 2018.04.19 2017가합26793
청구이의
Text

1. As to the decision of the Defendant’s provisional disposition against the Plaintiff, this Court Decision 2017Kahap20174 was rendered.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates the development business of the semiconductor inspection system. The Defendants are shareholders who hold the Plaintiff’s shares (total share holding 2,178,031 shares, total share holding 20.46%).

B. On August 21, 2017, the Defendants filed an application against the Plaintiff for a provisional injunction to allow perusal, such as the account book, with the competent court No. 2017Kahap20174, and the instant court rendered a provisional injunction to allow perusal as follows (hereinafter “instant provisional injunction order”).

The Defendants filed an immediate appeal against the part partially dismissed, but were dismissed.

Notes

1. The obligor (Plaintiff) shall allow the obligees (Defendants) or their representatives to peruse and copy (including photographs and duplication with computer storage devices) the books and documents listed in the annexed sheet No. 1 for 30 days, excluding legal holidays, from three days after being served with the decision of this case, only during business hours at the obligor’s head office or at the storage place of the above books and documents.

2. If the debtor violates the order described in paragraph 1, he shall pay to the creditors five million won per day of the violation day.

Attached 1 List of Quotation

1. Mountainous chart from January 1, 2010 to the date of perusal and copying in accordance with the decision on provisional disposition of this case, the head of the total account, the head of the auxiliary bank, and the head of each department of account;

2. The portion related to the remuneration for executive officers, among the written resolution of expenditure from January 1, 2010 to the date of perusal and copying in accordance with the decision of provisional disposition in this case, the disbursement table, the revenue protocol, the revenue protocol, and the receipt for it;

3. The portion related to the remuneration of executive officers in the benefit ledger (including bonuses and welfare expenses) from January 1, 2010 to the date of inspection and copying in accordance with the decision of provisional disposition in this case;

C. The Defendants granting the instant execution clause on the ground that the Plaintiff failed to perform his/her duty of perusal and copy in accordance with the instant provisional disposition order, as described in Paragraph (1) of the Disposition No. 1 of September 8, 2017, refers to the case below the execution clause regarding the instant provisional disposition order.

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