logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.11.16 2016가합2042
집행문부여에대한이의
Text

1. As to the defendant's decision on this case's indirect compulsory performance to the plaintiff, the appellate court of Daegu High Court is not competent.

Reasons

1. Basic facts

A. The plaintiff is a company with the purpose of selling and manufacturing golf products, etc., and the defendant is a shareholder who holds 2,100 shares out of 70,000 shares issued by the plaintiff company.

B. On May 9, 2014, the Defendant filed a lawsuit against the Plaintiff for perusal and copy of the articles of incorporation, etc. as the Daegu District Court 2014Gahap4082. On August 21, 2014, the said court rendered a judgment on the Plaintiff’s articles of incorporation, ② the minutes of the Plaintiff’s general shareholders’ meeting and the minutes of the extraordinary shareholders’ meeting from 2009 to 2013 accounts, ③ audit report, ④ business report, ⑤ attached specifications of the financial statements, ⑤ each perusal and copy of the Plaintiff’s business hours (including motion picture and computer USB copy) (hereinafter “the instant judgment”). The said judgment was dismissed and became final and conclusive on September 11, 2015.

C. On September 25, 2015, the Defendant filed an application with the Daegu District Court C for indirect compulsory performance against the Plaintiff by asserting that the Plaintiff did not allow the Plaintiff to peruse and copy some documents, notwithstanding the instant judgment. On November 23, 2015, the said court ordered the Defendant to peruse and copy (including the Plaintiff’s articles of incorporation, the minutes of the ordinary general shareholders’ meeting from 2009 accounts to 2013, the minutes of the ordinary shareholders’ meeting, and the extraordinary shareholders’ meeting from 2013 to 2013, for three business days excluding Saturdays and holidays after 14 days from the date when the Plaintiff was notified of this decision.

If the plaintiff fails to perform the above obligations within the above period, the ratio of 2 million won per business day from the day after the above period expires to the time the performance is completed.

arrow