beta
(영문) 대전지방법원 2018.05.09 2016가합100199

부당이득금

Text

1. The part against the defendant B among the plaintiff's lawsuit of this case is dismissed.

2. The Plaintiff’s claim against Defendant C.

Reasons

Basic Facts

당사자들의 지위 피고 직책 기간 피고 B(弟) 이사 2010. 1. 19.∼ 2013. 12. 11. 대표이사 2010. 8. 4. ~ 2013. 12. 11. 피고 C(兄) 감사 2010. 1. 19.∼ 2013. 12. 11. 피고들은 형제지간으로 아래 표 기재와 같이 원고 회사(원고 회사의 변경 전 상호는 D 주식회사, E 주식회사이다. 이하 변경 전후를 불문하고 ‘원고 회사’ 라고만 한다)의 대표이사 내지 감사 등을 역임하였다.

Plaintiff

On October 15, 2015, the Daejeon Regional Tax Office: (a) conducted a tax investigation with respect to the Plaintiff Company (hereinafter “instant tax investigation”); and (b) notified the Plaintiff Company of the results of the tax investigation as follows:

(hereinafter referred to as "the result of the investigation of this case". The part concerning the change in the amount of income is "the investigation of the corporation's portion on the abnormal outflow from the company of the plaintiff - The fact that most of the remaining funds 862 million won excluding bank loans and deposits have been acquired as the funds of the plaintiff company is confirmed through financial transactions, and it is necessary to verify the amount of funds deposited by the plaintiff - The fact that it is necessary to select the person subject to investigation as the person subject to investigation (842 million won) - The amount of improper outflow from the father F of the defendants - The amount of 74 million won - the processed labor cost of 96 million won - the amount of bonus amount of 9.6 million won - the amount of bonus amount of 207 billion won 8,800 million won - the amount of bonus amount of 2005 million won - the amount of bonus amount of 3601 million won - the amount of bonus amount of 2006, 3016361.2 million won 4.