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(영문) 인천지방법원 부천지원 2018.10.12 2017가합104124
가지급금반환 청구의 소
Text

1. The Plaintiff, Defendant B, Defendant C, Defendant C, Defendant C, KRW 52,340,960, Defendant D, KRW 38,808,00, and Defendant E, KRW 26,170,460, respectively.

Reasons

1. Basic facts

A. The Plaintiff is a company aimed at cleaning the liquid waste septic tank, etc., and the Defendants are currently and was the Plaintiff’s shareholders.

Of them, around 2007, Defendant B was donated to Nonparty H’s shares (14%) owned by the Plaintiff Company, and became the shareholder of the Plaintiff Company. Defendant F and G were the father’s deceased in around 201, and Defendant F were 5% of the shares owned by the Plaintiff I (8%) and Defendant G became the shareholder of the Plaintiff Company upon inheritance of 3% of the shares owned by the Plaintiff Company.

From 1989 to 1989, the status of changes in the Plaintiff Company’s shares is as shown below.

I L M I M I M I NO M P NO M P PJ Q Q J K K K N Q Q P PM H H H

B. From January 2005 to November 2009, the Plaintiff paid to shareholders the amount calculated by dividing the amount of KRW 40,000,000 per month by the ratio of shares, as dividend.

C. From August 31, 2009 to September 4, 2009, Defendant B, C, D, E, and network I prepared "certificate of confirmation of receipt of dividends" to the effect that "from August 31, 2009 to September 4, 2009, Defendant B received dividends from the Plaintiff; Defendant C received KRW 50,400,000; Defendant C received KRW 43,200,000; Defendant D received KRW 36,00,000; Defendant E received KRW 21,60,000; and the network I received KRW 28,00,000,000, respectively."

On September 9, 2009, the Plaintiff paid KRW 50,400,000 as dividend income tax of shareholders and KRW 5,040,000 as a withholding agent of dividend income tax and local income tax.

E. The minutes of each general meeting of shareholders of the Plaintiff Company as of July 5, 2012, March 29, 2013, and February 21, 2014 indicate that each of the following resolution for approval exists.

The Chairperson of the minutes of the general meeting of shareholders of July 5, 2012 (No. 7-1 of the evidence No. 7), 8 shareholders present at the meeting, 18,400 shares of shareholders present at the number of nine shareholders, 20,00 shares of total number of shares, 20,00 shares dividend and 20,00 shares of provisional payment, and 2,171,19,068 shares of retained earnings of the company as of December 31, 2011, stated that the retained earnings of the company which were not disposed of as of December 31, 201 are 2,171,19,068, and stated 1

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