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(영문) 광주지방법원 순천지원 2018.05.03 2017가합13671
예금
Text

1. The defendant shall deliver to the plaintiff the documents listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. The Plaintiff’s judgment on the cause of the claim is a clan consisting of descendants of C 10 and the Defendant was the representative of the Plaintiff from February 15, 2014 to May 28, 2017. Since the Defendant inspected the documents in the attached list owned by the Plaintiff as the Plaintiff’s representative (hereinafter “documents in this case”) around April 21, 2015, the fact that the documents in this case have been possessed until now is not disputed between the parties, or is recognized by comprehensively taking into account the overall purport of pleadings in the evidence Nos. 3, 6, and 7. Accordingly, the Defendant is obligated to deliver the documents in this case to the Plaintiff, the owner of the instant documents in this case.

2. Judgment on the defendant's assertion

A. The defendant asserts that the lawsuit of this case shall be dismissed or dismissed as the defendant was unfairly dismissed from the representative of the clan at the extraordinary general meeting of May 28, 2017 by the plaintiff.

However, there is no dispute between the parties that the Plaintiff made a resolution to dismiss the Defendant from the Plaintiff’s representative by holding an extraordinary general meeting on May 28, 2017. There is no evidence to acknowledge that the said resolution is null and void. In light of the overall purport of the pleadings in each of the evidence Nos. 8 and No. 1, it is recognized that the Defendant merely expressed the intent to deliver the documents of this case on the premise that E, elected as the Plaintiff’s representative by the above extraordinary general meeting resolution, is a legitimate representative of the Plaintiff. Therefore, the Defendant’

B. The Defendant alleged to the effect that the Plaintiff is obligated to take over and deliver the documents of this case to the Defendant after taking over the accounting audit data and the materials related to the amendment of the clan 2014 from F or G, which are the cause of the Plaintiff’s clan, but the Plaintiff is obligated to allow the Defendant to peruse the said documents

There is no evidence to acknowledge that the obligation is a prior performance obligation rather than that of the defendant's obligation to deliver the documents of this case, and the defendant's above assertion is without merit.

3. The plaintiff's claim is reasonable.

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