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【Main Issue and Holding】
Where the articles of incorporation of a stock company, imposing the duty to distribute profits upon the company, specifically stipulate the requirements for the payment of dividends or the method for calculating dividends in relation thereto, and thus each dividend to be distributed to an individual shareholder is calculated univocally, and there are no provisions to allow the representative director or the board of directors to determine the payment of dividends otherwise, whether shareholders may have a concrete and conclusive right to claim the payment of dividends when the requirements for payment stipulated in the articles of incorporation are satisfied (affirmative), and, in such a case, whether the company may reject the payment of dividends on the grounds that the company did not determine any dividend of profits, or refused the distribution of profits, by resolution of the general meeting of shareholders (negative)
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