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(영문) 대전지방법원 2018.05.16 2017가합107142
회계장부열람청구 의 소
Text

1. The defendant shall submit each of the documents listed in the attached Form 1 quotation to the plaintiffs at the defendant's head office, branch office and subsidiary office.

Reasons

Basic Facts

Defendant Company was established on May 29, 2013 and issued 300,000 shares as of May 20, 2016. Among them, Plaintiff A owns 40,000 shares and Plaintiff B and C own 10,00 shares, respectively, and entered in the register of shareholders of Defendant Company.

On December 5, 2016, the provisional general meeting of shareholders of the Defendant Company, held on December 5, 2016, all the shareholders listed in the register of shareholders, including the Plaintiffs, were present. At the above general meeting, a resolution was adopted to transfer all the business rights, such as the relevant business site and relevant authorization, permission, etc., of the Defendant Company E, to 37,00,000,000 won, with respect to the “F” of Sejong Special Self-Governing City E.

(hereinafter referred to as “instant transfer”). From December 16, 2016 to February 17, 2017, the amount deposited in the Defendant Company’s account (National Bank G) from Mademan Holdings is KRW 19,194,625,538 in total, and the amount deposited from Ma (hereinafter referred to as “H”) to Ha (hereinafter referred to as “H”) from December 16, 2016 to February 24, 2017 is KRW 19,050,00 in total.

Plaintiff

A filed an application for a provisional disposition claiming the perusal of the accounting books with the Defendant Company (the Daejeon District Court 2017Kahap50080, hereinafter “relevant provisional disposition case”). On May 24, 2017, the court allowed the perusal and copying of the accounting books as stated in the cited List No. 3, while allowing the Defendant Company to pay KRW 1,00,000 per day of the violation if the Defendant Company violated it, and the decision became final and conclusive as the withdrawal of the Defendant Company’s appeal.

【Ground of recognition】 The defendant company asserts that the plaintiffs are not the shareholders of the plaintiff, as to whether the plaintiffs are the shareholders of the plaintiff, as to the facts without any dispute, Gap Nos. 1, 2, 3, 8, and 9 (including each number number; hereinafter the same shall apply), the whole purport of the pleading, the whole purport of the pleading, and the perusal and copying of account books.

Only the evidence submitted by the defendant company is the plaintiffs.

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