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(영문) 대전지방법원 2017.08.17 2016가합106623
회계장부열람 및 등사청구
Text

1. The claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Under the premise, the defendant is a limited company with the purpose of insurance agency business, etc., and the plaintiff is a member of the defendant who holds the number of contribution units of 2000 units (10 million won) out of total number of contribution units of 82,00 units (410 million won).

On January 6, 2010, the Plaintiff owned the number of contribution units of 600 (30 million won) around January 6, 2010, but around April 2010, the Plaintiff transferred the number of contribution units of 400 (20 million won) among them to C, the representative of the Defendant, to C.

The provisions pertaining to this case in the defendant's articles of incorporation are as follows:

Article 22 (Inspection of Books) Any member of the company concerned may request, at any time, the inspection or copying of books of account and other documents in writing with reasons attached.

The Plaintiff sent the following text messages to C from May 17, 2016 to October 29, 2016:

A large number of Sis/Guns/Gus on May 17, 2016

I would like to request the inspection of books of account in the capacity of shareholders if there is no answer by the due date of this Note.

From October 27, 2016 to October 27, 2016, the representative director had no fees and collection data.

In addition, in May 1, 2000 won and 2 million won, each of which was promised as D's managing director, to be divided into five months.

Exclusion from sending it to the public;

I think that the fees for lawful insurance solicitation on October 29, 2016 is the embezzlement of public funds that do not pay to the relevant designer.

A certified judicial scrivener or attorney-at-law shall use the fees, and he/she shall know the fees.

Schedule to proceed with two lawsuits in the future:

All Irrehions

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 2, 3, 7, Eul evidence Nos. 1, 2, and 5 (including each number; hereinafter the same shall apply), and the purport of the whole pleadings, the defendant's equity shares held by the plaintiff are defective in the party's qualification by failing to meet the requirements that "the defendant's equity shares held by the plaintiff are shareholders holding not less than 3/100 of the total number of issued and outstanding shares as provided in Article 466 of the Commercial Act (2,00, 2.44%).

Therefore, this case.

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