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제목 과점주주, 민사적 채무변제 의무 있어
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[이병철의 채권이야기] 과점주주, 민사적 채무변제 의무 있어“법인이라도 과점주주는 법인의 민사적 책임을 전부 져야…”
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[온라인] 승인 2015.05.12  
트위터 페이스북 미투데이 네이버 구글 msn
   
법원에서는 최근 법인활동에 있어 과점주주의 민사상 책임을 인정했다. 해당 사진은 아래 내용과 관련없음. <사진제공= 뉴시스>
C기업 J대표는 최근 약 10억원의 결재대금이 부도처리 되자 부득이하게 원재료 상에게 줘여 할 대금지급을 유보했다. 이후 J대표 소유 저택이 대금지급 유보 이유로 가압류됐으며 이후 경매로까지 넘어갔다. J대표로서는 황당하다는 입장이다. 본인이 과점주주도 아닌데도 불구 왜 민사상 책임까지 떠안아야 하는지 이해되지 않았기 때문이다. 
J대표는 C기업 대표이사직을 수행하며 급여를 수령하는 급여 생활자였다. 지분 역시 45%를 소유 50%를 초과하지 않았다. 이에 그는 회사의 채무관계에 있어 본인이 민사상 책임까지는 질 필요가 없을 것이라 판단했다. 
그러나 법원에서는 10여년 전 법인설립 당시 J대표의 부인 앞으로 10%의 지분이 배당됐다는 점에 주목했다. J대표 일가를 지분 55%를 가진 과점주주로 판단한 것. 이에 법원에서는 그가 경영상의 과점을 행사했기에 개인소유 주택에 대한 압류 및 경매 승인이 타당하다 결론내렸다.
법률상 과점주주에 대한 책임은 국세 및 지방세 부가 등 2차 납세에 한정돼 있고 상거래 채무 관계에 있어서는 명확히 규정하고 있지 않다. 
다만 법원에서는 법인이라 할지라도 과점주주가 채무 발생에 관여한 행위가 사실이고 개인의 재산 형성 과정이 법인의 설립 이후 그 활동에 인한 것이라고 판단될 때는 민사상 책임을 부가하고 있다.
기업활동의 실체가 채권채무 성립과 발생의 연속이라는 점에서 이는 사업을 하는 모든 사람들이 언젠가 직면할 수 있는 문제다. 더욱이 채권채무에 대한 예측이 쉽지 않다는 점에서 갑작스럽게 닥칠수 있는 재앙을 피하기 위해서는 평소 채무채권 관리에 더욱 신경을 써야 할 것이다.
KCEP 이병철 대표 
[제보 받습니다] 월요신문 MDN이 독자 여러분의 소중한 제보를 기다립니다.
뉴스 가치나 화제성이 있다고 판단되는 기사 제보 및 사진·영상 등을
월요신문 편집국(wolyo2253@daum.net / 02-2253-4500)으로 보내주시면 적극 반영하겠습니다.

월요신문
[이병철의 채권이야기 中]
http://www.wolyo.co.kr/news/articleView.html?idxno=31876
작성일자 2015-06-15
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