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(영문) 광주지방법원 2017.02.10 2015가합3763
이익분배금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Claim against Defendant B Co., Ltd. (hereinafter “Defendant Company”).

A. (1) The Plaintiff’s primary claim is a shareholder who holds 50% shares of the Defendant Company. As such, the Defendant Company is obligated to pay KRW 124,76,390 equivalent to the Plaintiff’s shares out of the profit accrued from January 1, 2012 to October 2014.

(2) Since Defendant C is a shareholder holding 50% shares of the Defendant Company, the Defendant Company is obligated to pay the Defendant C the profit amounting to KRW 124,776,390.

In addition, the plaintiff has a claim against the defendant C for distribution of profits under the partnership agreement, and since the defendant C is insolvent, the defendant C's vicarious exercise of the claim for distribution of profits against the defendant C's company.

B. The shareholder's right to claim a dividend is not limited to the abstract right that the shareholder may receive a dividend in the future before the dividend becomes final and conclusive upon approval by the shareholders' general meeting of shareholders. Thus, the shareholder's right to claim a dividend in a specific and conclusive

(see, e.g., Supreme Court Decision 2010Da53792, Oct. 28, 2010). In the instant case where the Plaintiff directly exercises the right to claim dividends against the Defendant Company as the primary shareholder and the conjunctively exercise the right to claim dividends against the Defendant Company, there is no evidence to prove that there was such resolution.

The plaintiff's above assertion is without merit without further review.

2. Claim against Defendant C

A. The Plaintiff’s assertion that Defendant C entered into a partnership agreement with the Plaintiff to operate the Defendant Company and distribute 50% of the profit therefrom, excluding KRW 45,300,000, which is paid to the Plaintiff from January 1, 2012 to October 2014 equivalent to the share in the partnership agreement, among the Defendant Company’s income accrued from January 1, 2012 to October 2014.

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