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(영문) 대전지방법원 2019.04.24 2018가합106634
회계장부 등 열람 및 등사 청구의 소
Text

1. Of the instant lawsuit, the part concerning the claim for perusal and copy of the documents listed in paragraph 23 of the attached list shall be dismissed.

2...

Reasons

1. Basic facts

A. 1) Status of the parties concerned 1) The total number of shares issued by the Defendant as a company engaging in bus transport business is 60,000 shares, and the total amount of capital is 300,000,000 shares. 2) The Plaintiffs own shares of the Defendant Company as follows.

Plaintiff

Number of Shares A8,334 Shares 13.89% B 6,287 Shares 10.47% C 3,197 Shares 5.32% in total 17,818 Shares 29.68% in total

B. On January 31, 2017 and February 20, 2017, 8 shareholders of the defendant, including the plaintiffs, filed a request for inspection and copying of the documents, etc. in which the transportation cost received from Daejeon Metropolitan City in order to verify the accounting status in 2016 as shareholders and to participate at the general meeting of shareholders, but the defendant did not comply with the request. However, on January 18, 2018, the plaintiffs filed a request for inspection and copying of the documents, etc. in the attached list, which are kept by the defendant against the defendant as shareholders, so that the management status of the company and the appropriateness of funding can be verified, but the defendant did not comply therewith.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Judgment on the defense prior to the merits (as to the documents listed in paragraph 22 of the attached Table (the minutes of the board of directors)

A. According to Article 391-3(3) and (4) of the Commercial Act, a shareholder may file a request for perusal or reproduction of the minutes of the board of directors during business hours, but the company may refuse such request, stating the grounds therefor, and in such a case, the shareholder may peruse or copy the minutes of the board of directors with the permission of the court. Since permission cases, such as perusal, etc. of the minutes of the board of directors under Article 391-3(4) of the Commercial Act, are non-contentious cases stipulated in Article 72(1) of the Non-Contentious Case Litigation Procedure Act, it is not allowed to request perusal or reproduction of the minutes of the board of directors by means of civil procedure (see Supreme Court Decision 2013Da503

B. In light of the above legal principles.

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