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(영문) 청주지방법원 2017.07.19 2016가합20562 (1)
회계장부 등 열람 및 등사 청구
Text

1. From three days after the date this judgment became final and conclusive to the Plaintiff, each of the documents listed in the separate sheet at the Defendant’s principal office.

Reasons

1. The Defendant is a stock company established for the purpose of manufacturing and selling electronic (energy parts) and the Defendant’s register of shareholders states that the Plaintiff’s 1,500 shares out of 3,00 shares issued and outstanding, C is 60 shares, and D holds 90 shares, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion 1) found the circumstances that the representative director C, who is the defendant's representative director, voluntarily consumed the defendant's funds and arbitrarily set the representative director's wages. In order to confirm this as the defendant's shareholder, the plaintiff seeks perusal and copy of the documents stated in the attached list against the defendant. 2) The summary of the defendant's assertion is merely stated as the shareholder in the defendant's list, but is not the defendant's actual shareholder, even though the plaintiff is not the defendant's shareholder, it is against the good faith that the plaintiff seeks perusal and copy of the defendant's accounting

B. According to Articles 396, 447(1), 447-2(1), and 448 of the Commercial Act and Article 16(1)2 of the Enforcement Decree of the Commercial Act, shareholders may request perusal or reproduction of the minutes, shareholders’ list, shareholders’ register, bond register, balance sheet, income statement, business report, audit report, earned surplus disposal statement, statement of disposal of deficit, and statement of disposal of deficit at any time during business hours.

Meanwhile, a person who is legally entered in the register of shareholders may exercise shareholders' rights, such as voting rights, in relation to the company, and the company may not deny the exercise of shareholders' rights by shareholders on the register of shareholders, regardless of the existence of another person who actually acquired or intended to acquire shares, other than those listed in the register of shareholders, even though he/she was aware of the existence of such another person.

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