Creditor (Appointed Party) (Attorney Yang Sung-ho, Counsel for the defendant-appellant)

Han-si Pum Co., Ltd. (LLC, Attorneys Jeon Hong-san, Counsel for the defendant-appellant)

1. The debtor must allow the perusal or copying (including reproduction into photographs and digital storage devices) of the books and documents stated in the attached Form cited List at the debtor's head office, branch office, office or storage place for thirty days from thirty days after the date on which the creditor (appointed party) or his/her agent or assistant is served with the decision of this case to 18:00 days after Saturdays and holidays;

2. The remaining claims of creditors (appointed parties) are dismissed;

3. The costs of lawsuit shall be borne by each person;

1. The debtor should allow perusal or copying (including reproduction at the photographing and digital storage device) of the books and documents in the separate sheet at the debtor's head office, branch office, office or storage place for 30 days from three days after the creditor (appointed) and his/her representative or assistant (hereinafter referred to as "creditor") received the decision of this case to 09:0 to 18:00 on Saturdays and holidays.

2. If the obligor requests within the period mentioned in paragraph (1) above that the obligor send by electronic means the books and documents mentioned in the list of applications in the annexed sheet to the obligor in an electronic e-mail address or facsimile number designated by the obligee, the obligor shall comply with such request.

3. If the debtor fails to perform the obligations under the above paragraphs (1) and (2), the debtor shall pay to the creditors an amount equivalent to 3,000,000 won per day from the day after the expiration date of the above paragraph (1) until the time when the obligations are fulfilled.

1. A cited part;

In light of all the circumstances indicated in the overall purport of the record and examination, such as the number of shares held by creditors, the process and purpose of the debtor's establishment, relationship with the parties, specific assertion and vindication of the process of issuing capital increase, and the need for perusal and copying of each of the books and documents stated in the attached Form No. 396 and the debtor's attitude, etc., it is clearly explained that the creditor's shareholder is a debtor's shareholder and the need for preservation and preservation of the right to seek perusal and copying of the books and documents stated in the quoted list pursuant to Articles 396

2. The dismissed part

A. Relevant legal principles

Since allowing perusal and copying of accounting books, etc. is a serious point in the operation of accounting, it shall be careful and at the same time, with a view to allowing the other party company to easily determine the existence of an obligation to peruse and copy, or the scope of the accounting books and documents that need not be permitted to peruse and copy, etc., the reasons for such request must be specified in detail (see, e.g., Supreme Court Decision 9Da137, Dec. 21, 1999). In this case, the term “accounting books and documents” subject to request for perusal and copy refers to the reasons for minority shareholders’ request for perusal and copy, and the accounting documents in substance related to the account books and documents attached thereto (see, e.g., Supreme Court Decision 9Da58051, Oct. 26, 201). Moreover, if the purpose of this lawsuit is substantially achieved with respect to the right to request perusal and copy of the account books, etc., and thus, it is unlikely that a minority shareholder would not have lost the right to request compensation for damages later than the present account books.

B. Determination on the right to be preserved and the necessity of preservation

The creditors asserts that the representative director ○○○○ of the debtor embezzled the sales fund by forging the minutes of the board of directors and embezzlement, using the corporate card for personal purposes, and that the creditors borrowed money corresponding to KRW 2 billion as corporate operating funds, but did not provide the data on the address of the money and did not pay dividends, and that there is a need to accurately grasp the debtor's management status through inspection and copying of accounting books, etc.

From 2014 to 2014, creditors are seeking access to and copy of the accounting books and accounting documents kept by the debtor. As such, there is a lack of detailed reasons to seek access to and copy of the books and documents listed in the separate sheet except for the books and documents listed in the supplementary sheet, and there is no circumstance or material to acknowledge the substantial relationship between the reason and this part of the documents. In addition, it is reasonable to deem that the scope is too broad, and it goes beyond the limit of provisional disposition as it is intended to peruse and copy accounting-related documents in a comprehensive and search manner with respect to a considerable period of time.

Therefore, the submitted data alone to the present time is insufficient to vindicate the right to preserve and the necessity of preservation, because it is insufficient to order the obligor to peruse and copy the account books and other documents listed in the attached Form excluding the account books and documents listed in the attached Form 2.

3. Part concerning the application for electronic mail, facsimile service and indirect compulsory performance;

In light of the circumstances in which the obligor submitted part of the accounting-related documents as supporting materials in this case, it is difficult to view that the obligor is not likely to perform his/her duty of perusal and copy in violation of the provisional disposition order in this case, and thus, it is difficult to accept an application for electronic mail or facsimile delivery and an application for indirect compulsory performance

4. Conclusion

This case’s application is partially accepted as above.

(attached Form omitted)

Judges Yoon Tae-sik (Presiding Judge) (Presiding Justice) Kim Slova-dong Kim