一時借入金에 의한 假裝納入의 效力과 株主의 法的地位에 關한 硏究

Feigned paid-in is to complete registering establishment-foundation or altered-foundation without actually paying the price of shares but feigned it as it has done. It is using by the acceptor who has obligation of paid-in for the takeover capital stock which issued by corporate foundation or acceptor who received newly issued stock after company foundation and have obligation of paid-in on it. Judicial precedent regard for feigned paid-in is valid due to the nature of organization-law. However, the nature of organization-law should be considered for many other stakeholders from external business relations after the company has established rather than for the shareholders who directly related to company foundation. Therefore, strictly following the principle of capital faithfulness is the best reflection of the nature of organization-law. Then, the feigned paid-in which harms the principle of capital faithfulness and gives damage to the company’s counterparts and general shareholders should be nullified. Due to the Supreme Court’s firm stance on validation of feigned paid-in, disguised paid-in is take for granted in real business world. Further, forging certificate for payment without actual payment, so-called payment of any stock caused false, are being done publicly. These results are caused by the Supreme Court’s upholding stance on validation of feigned paid-in. Thus, Supreme Court should change their attitude and regards the feigned paid-in invalid to solve the problems. Judicial precedent approved feigned paid-in because it is useful for logical and coherent dealing with legal structure of already founded company. However, seeking methods to prevent founding company or newly issuing stock by feigned paid-in form and legislatively regulates on feigned paid-in is rather desirable.