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(영문) 서울동부지방법원 2019.01.23 2018가합106966
회계장부 등 열람등사 청구
Text

1. The defendant is the head office of the defendant for a period of ten days after three days from the date this judgment became final and conclusive, excluding holidays.

Reasons

1. Basic facts

A. The Plaintiff is a company whose purpose is publishing, manufacturing, and selling, private teaching institutes, etc., and the Defendant is a private teaching institute business, a video production business, etc.

C is a person retired from office on August 29, 2016 while serving as a defendant's internal director or representative director from May 18, 2010, and D works as a defendant's internal director from May 18, 2010, and is a person appointed as the defendant's representative director on May 2, 2018.

B. On April 20, 2010, E Co., Ltd. (hereinafter “E”) concluded an investment contract with the Defendant and the Defendant’s major shareholder C (hereinafter “instant investment contract”) and purchased 11,000 shares of new shares issued by the Defendant.

On November 30, 2010, the Plaintiff entered into a contract with the Defendant, C, and E on November 30, 2010 with the content that the Plaintiff acquires all the shares and the status of the instant investment contract from E.

Accordingly, the Plaintiff became a shareholder holding 11,000 shares out of 35,500 shares issued by the Defendant (31%).

The investment contract of this case includes the following contents:

Article 9 (Inspection and Submission of Data)

2. B [Defendant] shall submit financial statements for settlement of accounts, such as balance sheets, profit and loss statements, cash flow sheets, statements of surplus disposal, etc., to Party A (Plaintiff) within two weeks before the closing of each business year at the general meeting of shareholders;

3.B shall submit the following documents to A within two weeks from the date of preparation, provided that no separate request is made:

A quarter and annual settlement of accounts, audit reports and their accompanying documents

(b) Any change in entries in the register;

C. On March 27, 2014, a dispute relating to the resolution to increase the remuneration for executive officers (1) passed at an open general meeting of shareholders by attending all shareholders (C (18,500 shares), D (6,00 shares), the Plaintiff (11,00 shares) of the Defendant, and the Plaintiff (11,00 shares) on March 27, 2014, the approved limit of the remuneration for executive officers to increase the limit of the remuneration for executive officers for the fiscal year 20,000 won from the previous 320,000 won to the previous 320,000 won was passed with the consent of C and D. 2) The Plaintiff’s representative director.

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