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(영문) 광주지방법원순천지원 2017.10.25 2017가합12401
집행문부여에 대한 이의의 소
Text

1. On September 27, 2016, a senior court clerk D on the decision of this Court’s indirect compulsory performance against the Plaintiff by the Defendant.

Reasons

1. Basic facts

A. The Plaintiff is a company that is engaged in the test equipment supply business, chemical medicine, and poisonous substance supply business, and the Defendant is a shareholder that holds 2,000 shares of the Plaintiff company (40% shares).

B. The Defendant filed an application for provisional disposition on the instant provisional disposition against the Plaintiff Company for provisional disposition on the inspection of financial statements, etc. with the competent court No. 2015Kahap208. On February 16, 2016, the instant court rendered the provisional disposition on the approval of the inspection as follows.

(hereinafter “instant provisional disposition order”). The text

1. The debtor shall set aside possession of each of the documents listed in the attached Form quoted list, and deliver and keep them to the execution officer delegated by the creditor;

2.The execution officer shall keep the above documents at the debtor's principal office for 15 days except Saturdays and holidays from the date of execution of this decision, and allow the perusal and copying (including copying with photographing and computer storage equipment) only for business hours (09.00~18:00) at the debtor's principal office at the creditor's request during that period.

However, the use of each of the above documents must be permitted to the obligor to the extent that the obligee does not interfere with the inspection.

C. On March 9, 2016, the Defendant commenced the execution of the instant provisional disposition, but filed an application for indirect compulsory enforcement with this court C by asserting that the Plaintiff Company failed to perform its obligation under the instant provisional disposition order by failing to submit some documents. On June 14, 2016, this court rendered a decision to allow the inspection and the indirect compulsory enforcement as follows, and the said decision was finalized around that time.

(hereinafter “instant indirect compulsory enforcement order”). State text

1. The respondent shall be the respondent for 15 days except Saturdays and holidays from the 3th anniversary of the receipt of the notice of this decision, and each of the documents listed in the separate sheet to the applicant or the representative delegated by the applicant.

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