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Provisional injunction for inspection and copying of accounting books, etc.
Provisional injunction for inspection and copying of accounting books, etc.Winning the case (favorable judgment)

[Financial Specialist Attorney Success Case] Shareholders Who Filed an Application to Inspect and Copy the Accounting Books Against a Representative Director Who Committed Embezzlement Assisted to a Favorable Judgment

The clients who urgently came to the financial specialist attorney brought this lawsuit in order to expose the charges against a representative director who had committed embezzlement.

1. Shareholders Who Sought a Financial Specialist Attorney… Because They Discovered the Corporate Representative Director's Embezzlement

The clients who requested a consultation from the financial specialist attorney stated that they had learned of the representative director's embezzlement.

The clients informed the financial specialist attorney that they held some materials indicating that the representative director had used company funds at will.

The problem was that the decisive evidence to expose the representative director's embezzlement charge lay in the materials to be inspected through this application.

The representative director reportedly notified the clients, who were shareholders, of the closure of the company on the ground of deteriorating management. The director also shifted the responsibility for this onto the clients.

The clients wanted to ensure that the representative director would be punished. The help of a legal expert was needed for this, and the clients obtained the assistance of the financial specialist attorney.

2. Financial Specialist Attorney Confirms the Significant Loss to Shareholders Caused by the Representative Director's Embezzlement

In this case, the obligor was the representative director of a stock company, and the obligees were shareholders who together held 30% or more of the obligor's total issued shares.

The obligees, who suffered a significant financial loss from the obligor's unilateral notice of closure, came to discover the obligor's unlawful conduct, such as embezzlement.

Seeking a Financial Specialist Attorney to File an Application for a Provisional Injunction for Inspection and Copying Against the Representative Director Before the Suit on the Merits

The obligees filed an application for a provisional injunction for the inspection and copying of the books and other materials. The materials to be obtained if this application were granted were to serve as important evidence in a subsequent suit on the merits.

The obligees, who were shareholders, already held materials that partly contained evidence of the obligor's embezzlement.

However, the obligees, who wanted proper punishment for the obligor who had caused a significant loss to the company, wished to secure evidence through the inspection of the accounting books.

After securing evidence, the purpose was to lead the suit on the merits to a favorable outcome so that punishment could be imposed on the obligor.

3. Finance Attorney: "The Debtor's Embezzled Amount Reaches Several Hundred Million Won, and This Lawsuit Was Filed to Establish the Embezzlement"

Through detailed consultation with the client, Daeryun Law Firm assembled a team of finance attorneys composed of multiple experts with extensive experience in applications for injunctions to inspect and copy ledgers and other records, as well as in embezzlement cases.

Ahead of the suit on the merits, the Daeryun finance attorneys argued that this application had to be granted in order to secure key evidentiary materials.

In particular, the finance attorneys submitted Japanese statutory provisions as reference materials to establish the legitimacy of this lawsuit.

■ It was confirmed that the debtor had deceived the creditors and used company funds for personal purposes.

■ Because of the debtor's unlawful acts, the creditors suffered substantial financial losses.

■ Granting this application was necessary in order to establish the debtor's unlawful acts through the suit on the merits.

■ The creditors held materials reflecting the circumstances of the debtor's misuse of public funds.

4. The Court: "The Creditors' Application Has Merit"

The court accepted the argument of the Daeryun Law Firm finance attorneys and ruled that "the debtor shall, beginning three days after the date of service of this decision and for thirty days excluding Saturdays and public holidays, within the designated hours, allow the creditors and their authorized representatives (attorneys, certified public accountants, and tax accountants) to inspect and copy (including photography and copying onto portable storage devices) each of the ledgers and documents listed in the attached schedule, at the debtor's offices within its head office."

The clients suffered significant financial losses because of the debtor in this case. Had this application not been granted, they would not have been able to establish the debtor's unlawful acts.

With the assistance of Daeryun's finance attorneys, the clients were able to secure materials dating from the time the debtor committed the embezzlement.

[금융전문변호사 승소사례] 횡령 저지른 대표이사에 회계장부 열람·등사 신청한 주주들 조력해 승소

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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