logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2009. 02. 04. 선고 2008누25274 판결
실질적으로 회사를 경영하지 않았으면 명의자에게 인정상여 처분을 할 수 없음[국패]
Case Number of the immediately preceding lawsuit

Suwon District Court 2007Guhap2495 (Law No. 8.13, 2008)

Case Number of the previous trial

National High Court Decision 2006J3260 ( December 20, 2006)

Title

If the company is not actually managed, it shall not be allowed to admit the name of the title holder and to dispose of it.

Summary

The representative who is subject to the bonus disposition shall be interpreted strictly and strictly, and since he is the representative who actually runs the company, even if he is registered in the corporate register, if he does not actually operate the company, his income shall not be reverted to the name of the representative director.

The decision

The contents of the decision shall be the same as attached.

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1. Purport of claim

The Defendant’s disposition of imposition of KRW 150,040,905 on January 1, 2006 against the Plaintiff shall be revoked.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

Reasons

1. Quotation of judgment of the first instance;

The reasoning for the court's explanation on this case is the same as that for the judgment of the court of first instance, and thus, it is citing this as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the

2. Conclusion

Therefore, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

arrow