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(영문) 인천지방법원부천지원 2015.05.01 2014가합3879
회사에 관한 소송
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

가. 당사자의 지위 원고는 피고의 주주이고, 피고는 부직포 및 휄트 방습 가공업 등을 목적으로 하는 주식회사이며, C은 피고의 대표이사로서 원고의 형이다.

B. On March 26, 2014, and April 16, 2014, the Plaintiff requested perusal and copying of the Plaintiff’s account books and documents in the separate sheet kept by the Defendant to the Defendant, who is the representative director C, for the purpose of confirmation, and the Defendant demanded perusal and copying of each of the account books and documents recorded in the separate sheet kept by the Defendant. However, the Defendant did not comply with the Plaintiff’s request for perusal and copying without any specific reply until the instant lawsuit is filed.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3 evidence, Eul's 1 evidence (including number 2; hereinafter the same shall apply), witness D's testimony, and the purport of whole pleadings

2. The plaintiff asserts that the plaintiff himself/herself is the owner of 23% of the shares of the defendant company, and the defendant's representative director C's request for perusal and copying as stated in the purport of the claim is necessary to confirm the suspicion of embezzlement. Thus, the defendant argues that the defendant's shares owned by the plaintiff are merely 1% of the defendant's shares, and there is no standing to request perusal and copying of the case. Even if not, the plaintiff is merely a mere suspicion of embezzlement alleged by the plaintiff, and there is no substantial relation between the plaintiff's account books and documents claiming perusal and copying, and that the plaintiff's request for perusal and copying cannot comply with the plaintiff's request because it is unjust for a legitimate purpose.

3. Judgment on the issue

A. Article 466(1) of the Commercial Act provides that any shareholder who holds shares equivalent to not less than 3/100 of the total number of issued and outstanding shares may request, in writing stating the reasons therefor, the inspection or copying of the account books and documents. Thus, Article 466(1) of the Commercial Act provides that the shareholder who holds shares shall be entitled to the Plaintiff

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