위장납입의 효력에 관한 소고

• 영문명: A study on the effects of the fraudulent payment for share by revolving
• 발행기관: 원광대학교 법학연구소
• 저자명: 박정국(Park, Jeong-Kuk)
• 간행물 정보: 『원광법학』제28권 제3호, 235~262쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.09.30

영문 초록

The fraudulent payment for share by revolving is an fraudulent act of payment for shares as a way to promoters of the company borrows money from a third party and pay stock as a debt, to withdraw its payment from the bank of holds payment and to repay borrowings since the company established. But the fraudulent payment for share of this approach have had paid only a formal not to paid substantially. Therefore if the validity of such fraudulent payment is in effect recognized, the company's capital faithful is inhibited, led to the company's insolvency and thereby the order of Company Law would be dismantled in the end. For this reason, Germany 「Finite Act」 revised 2008 was defined as the hidden kind contribution contract is valid, a contributory of the employee is not indemnification and the fraudulent payment for share by revolving is to be indemnification of a contributory of the employee only if the company's return claim is fully secured through Article 19 Section 4 and Article 19 Section 5 etc. Also Act was defined as a compensation mandatory of directors has been recognized when the company paid to the employee amounts of non-payment because the company's return claims did not warrant through Article 30 Section 1, Article 31 Section 4 and Article 43 Section 3 etc. But our 「Commercial Code」 have to unify because there is no direct provision as Germany 「Finite Act」 revised 2008. But our Supreme Court has consistently determined that the validity has been recognized for the effect of the fraudulent payment for share by revolving despite the problems has been as clarified above, and there has been the possibility of a problem in a number of scholars are taking a stand to the effective. But this is only interpretation theory. Therefore eventually we will need legislative resolution such as Germany. Therefore, I would like to looking for desirable legislative measures to improved the problems of our current 「Commercial Code」 after reviewing regulations of Germany 「Finite Act」 revised 2008 by comparing, looking around doctrine and the Supreme Court Case for the effects of the fraudulent payment for share by revolving, looking into the fraudulent payment for share.

목차

Ⅰ. 서 론

Ⅱ. 위장납입의 효력

Ⅲ. 2008년 개정 독일 「유한회사법」상 위장납입 관련규정

Ⅳ. 우리 현행 「상법」상 개정입법방안

Ⅴ. 결 론

참고문헌

Abstract

키워드

일시차입금에 의한 가장납입 위장납입 납입금의 인출 및 차입금의 변제 자본 충실의 원칙 2008년 독일 개정 「유한회사법」 회사의 반환청구권의 담보 the fraudulent payment for share by revolving disguised payment to withdraw payments and repay borrowings the principle of faithful capital Germany 「Finite Act」 revised 2008 mortgage of the company's return claims