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(영문) 대구지방법원상주지원 2016.10.12 2016가단9390
회계장부등 열람 및 등사청구
Text

1. The defendant is from 7 days after the service date of the original copy of the judgment of this case to 09:00 to 18.

Reasons

1. Basic facts

A. (1) The Defendant Company is a company with the objective of indoor decoration, exhibition planning in museums, etc. (2) The Plaintiff is a person who owns 50% of the shares of the Defendant Company.

B. Around May 2016, the Plaintiff requested the Defendant Company to peruse and copy each of the books, documents, etc. listed in the separate sheet, but did not bring about the intent thereof. Around June 2016, the Plaintiff filed the instant lawsuit against the Defendant for perusal and copying of the accounting books, etc., and the Defendant is disputing the Plaintiff’s claim as seen below.

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 and 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. Article 466(1) of the Commercial Act provides that “Any shareholder who holds shares representing no less than 3/100 of the total issued and outstanding shares may demand in writing, stating the reasons therefor, the inspection or copying of the account books and documents.”

The facts that the Plaintiff is a shareholder with 50% of the shares of the Defendant Company, and the Plaintiff sought to peruse and copy each of the books and documents listed in the separate sheet to the Defendant Company in writing, and thereafter filed the instant lawsuit to the same effect are as seen earlier. Thus, the Defendant Company is obligated to allow the Plaintiff to peruse and copy each of the books and documents listed in the separate sheet, which is “accounting books and documents,” and the specific method and time, etc. are as listed in paragraph (1) of this Article.

B. As to this, the Defendant Company asserted that the Plaintiff was the de facto manager of the Defendant Company, seeking perusal and reproduction of accounting books during that period is abuse of rights, or that the scope of accounting books, etc. seeking perusal and reproduction is excessively wide, or that the acquired information is likely to be used for competitive business. However, the evidence presented by the Defendant Company alone.

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