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(영문) 춘천지방법원 원주지원 2021.01.21 2019가합6986
회계장부열람 및 등사청구
Text

The defendant is 30 days from the day following the day this judgment became final and conclusive to the plaintiff, excluding Saturdays and holidays.

Reasons

1. The parties' assertion

A. The Plaintiff is a shareholder who owns 25% of the Defendant’s shares (hereinafter “instant shares”).

Since the representative director C of the defendant evades the distribution procedure of profits to shareholders and operates the company normally, he/she requests the perusal and copying of each account book and document recorded in the separate sheet pursuant to Article 466 of the Commercial Act.

B. Although the Plaintiff did not interfere with the Defendant’s management while acquiring the shares of this case, it repeats the Defendant’s claim for perusal and copying for the purpose of interfering with the Defendant’s business and receiving more money.

Since the plaintiff's claim for inspection and copy is an unfair claim detrimental to the common interest of shareholders, the defendant may refuse the plaintiff's request for inspection and copy.

Since the scope of each of the books and documents stated in the attached list for which the Plaintiff requested perusal and copying to the Defendant is too broad, the scope should be limited by documents requiring approval by the general meeting of shareholders.

2. Determination

A. The Plaintiff’s right to peruse and copy the Plaintiff’s financial statements, business reports, and audit report at any time during business hours (Article 448(2) of the Commercial Act). A shareholder who holds shares equivalent to at least 3/100 of the total number of issued and outstanding shares may request, in writing stating the grounds therefor, the perusal and copy of the accounting books and documents (hereinafter “accounting”) of the Plaintiff’s ownership of the instant shares (Article 466(1)2 of the Commercial Act). The fact that the Plaintiff is the Defendant’s shareholder of the instant case is no dispute between the parties, and the fact that the Plaintiff requested the Defendant to peruse and copy each of the books and documents listed in the separate sheet is evident on January 2, 2020.

Therefore, barring any special circumstance, the Defendant is obligated to allow the Plaintiff to peruse and copy the accounting books within the scope of the reasons for the request for perusal and copying and the substantive relationship.

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