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(영문) 서울남부지방법원 2014.04.11 2013가합12465
청구이의
Text

1. The defendant's compulsory execution based on the decision of Seoul Southern District Court C indirect compulsory execution case against the plaintiff is the plaintiff.

Reasons

1. Basic facts

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

1. In the same manner as the list, the plaintiff made a partial decision of acceptance (hereinafter referred to as the "decision of provisional disposition in this case") that "the plaintiff shall allow the defendant or his/her representative to peruse and copy the books and documents at the office of the plaintiff within ten days from the 3th day after the date on which he/she received the above decision, excluding a legal holiday," and the above decision was served on the plaintiff and the defendant on the 17th day of the same month.

B. On October 11, 2012, the Defendant filed an application for indirect compulsory enforcement against the Plaintiff, Seoul Southern District Court C, while the Defendant did not allow the Plaintiff to inspect and copy some documents despite the instant provisional disposition order. On October 11, 2012, the said court accepted the Defendant’s application for indirect compulsory enforcement, and rendered an indirect compulsory enforcement decision (hereinafter “instant indirect compulsory enforcement decision”) to the same effect as below, and the said decision was served on the Plaintiff and the Defendant on the 17th day of the same month.

(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, the obligee from the day following the expiration of the above 10-day period to the day on which the performance is completed.

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