(1) A court may order the other party to submit materials necessary to verify the relevant damage or to compute the amount of damages (excluding materials related to leniency applications, etc. under Article 44(4)), at the request of the party, in a lawsuit for damages caused by a violation of Article 40(1), 45(1) (excluding subparagraph 9), or 51(1)1; provided, this shall not apply where a person who possesses such materials has a reasonable ground for refusing to submit them.
(2) Where the person who possesses the materials claims that there is a reasonable ground for refusing to submit them under paragraph (1), the court may order the presentation of the materials in order to determine whether the claim is appropriate. In such cases, the court shall not allow other persons to inspect such materials.
(3) Where the materials that shall be submitted pursuant to paragraph (1) fall under a trade secret but they are absolutely necessary for verifying the damage or for computing the amount of damages, no reasonable ground under the proviso of paragraph (1) shall be deemed to exist. In such cases, the court shall designate the scope in which an inspection is allowed or a person for whom an inspection is allowed within the purpose of the submission order.
(4) Where the party fails to comply with the submission order without a reasonable ground, the court may deem that the claim of the other party on the description of materials is true.
(5) In the case of paragraph (4), where the party who has requested the submission of materials is in a considerably difficult situation to make a detailed assertion on the description of materials and it is also impractical to expect that other evidence would verify the facts to be proved by the materials, the court may deem that the claim of the party on the facts which he or she intends to verify through the description of the materials is true.