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(영문) 서울남부지방법원 2015.01.22 2014가합100604
회계장부등열람등사청구
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

On June 2, 2005, the defendant is a company established on June 2, 2005 for the purpose of advertising business, production of advertising materials, and advertising agency business, the total amount of paid-in capital is KRW 50 million, the total number of issued stocks is KRW 10,00 per share, and the face value is KRW 5,00 per share.

On June 1, 2005, the Plaintiff and C drafted the Defendant’s Articles of Incorporation as promoters.

The shareholder registry of the Defendant Company is listed as C (Representative, 5,100, 51 per cent), the Plaintiff (former Directors, 2,500, 25 per cent), and Non-Party D (Auditor, 2,400, 24 per cent).

[Grounds] Facts without dispute, Gap's statements in the evidence of subparagraphs 1 through 3, the whole purport of the pleadings, the purport of the main defense of this case, as shareholders holding 25/100 of the total number of the defendant's outstanding shares in this case, and Article 448 and Article 446 of the Commercial Act (Keeping and Public Notice of Financial Statements, etc.) (1) Directors shall keep the documents and audit report under Articles 447 and 447-2 from one week before the day before the ordinary general meeting meeting, at the principal office for five years, and a certified copy thereof at the branch office

(2) Shareholders and creditors may, at any time during business hours, inspect the documents set forth in paragraph (1) and may demand the delivery of certified copies or abridged copies of such documents by paying such fees as determined by the company

(1) Any shareholder who holds shares representing no less than 3/100 of the total issued and outstanding shares may demand, in writing stating the reasons therefor, the inspection or copying of the account books and documents concerned.

(2) No company shall refuse a request made by a shareholder under paragraph (1) unless it proves such request unreasonable.

On the basis of this, the defendant sought to inspect and copy each of the books and documents listed in the separate sheet, and the defendant is merely the nominal lending shareholder, and since all of the stock price was paid by C, the defendant representative director, the plaintiff is not entitled to exercise the above right to inspect the financial statements and books of account.

Judgment

A person registered as a shareholder in the register of shareholders shall comply.

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