Earticle

초록

영어

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. 서론
 Ⅱ. 위장납입의 효력
 Ⅲ. 2008년 개정 독일 「유한회사법」상 위장납입 관련규정
 Ⅳ. 우리 현행 「상법」상 개정입법방안
 Ⅴ. 결론
 참고문헌
 ABSTRACT

키워드

지적재산권 특허소송 국제민사소송 한미무역협정 한･EU 무역협정 비밀심리제 도 정보공개청구 개지절차 불법행위 손해배상 문서제출명령 patent litigation a procedural risk an international infringement of the patent an internationail party suit joining settlement and execution the patent's characteristics and legal attribute.

저자

• 박정국 [ Park, Jeong-Kuk | 부산대학교 법학연구소 전임연구원, 법학 ]

참고문헌

발행기관

간행물