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(영문) 부산지방법원 2018.06.14 2016가단351487
배당금 청구의 소
Text

1. The Defendant’s KRW 48,440,997 as well as the Plaintiff’s KRW 5% per annum from November 29, 2016 to June 14, 2018.

Reasons

1. Facts of recognition;

(1) The plaintiff was appointed as the representative director of the defendant company on October 9, 2000 and resigned on October 13, 2003. The plaintiff was appointed as the director of the defendant company on October 13, 2003 and retired on October 13, 2009. On November 2, 2009, the plaintiff was appointed as the director of the defendant company and resigned on March 25, 2010.

B. C is the Plaintiff’s punishment, and on June 26, 2003, he was appointed as the representative director of the Defendant Company and retired on June 26, 2009, and on November 2, 2009, he again assumes office as the representative director and serves as the representative director of the Defendant Company until now.

Secondly, from 2003, the Plaintiff is registered as holding 17,096 shares (15.47%) of the total number of shares issued by Defendant Company (110,482 shares) on the Defendant Company’s registry.

x. However, around June 2007, 5,525 shares owned by the Plaintiff were transferred to D Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). On June 28, 2007, Nonparty Co., Ltd transferred KRW 55,250,000 to the account in the Plaintiff’s name, and on June 29, 2006, the Plaintiff remitted the money to Defendant Co., Ltd.

(v) the above 5,525 shares held by the non-party company were transferred to E in around 2012 3,00 shares and 2252 shares to F. The shares held by the plaintiff on the register of shareholders are rounded to 11,571 shares (10.47%) from 201 to 11.57 percent.

⑹. 피고 회사는 2006년경부터 주주들에게 이익배당금을 지급하였는데, 2012년 6월에는 104,957,000원을 배당하면서 그 중 소득세 및 주민세로 16,163,370원을 원천징수한 후 나머지 88,793,630원을 현금배당하였고, 2013년 6월부터 2016년 6월까지는 매년 110,482,000원을 배당하면서 그 중 소득세 및 주민세로 합계 17,014,220원을 원천징수 한 후 나머지인 93,467,780원을 현금배당하였다.

⑺. 2012년 6월부터 2016년 6월까지 사이에 피고 회사가 원고에게 원고...

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