주주대표소송과 강제집행 - 대법원 2014. 2. 19. 자 2013마2316 결정

초록

It has been studied with many precedents up to now about the contents of the procedure and the condition of the lawful prosecution of the shareholder's derivative action. On the other hand, in such action when winning the case judgment was taken out, it'll be a problem about how to enforce. However, there were almost no precedents and study works up to now about the enforcement the stockholder who is a plaintiff does in the action. Supreme Court rendered a first adjudication on a problem like the above. I thought this will be an important precedent from now on, so it was taken up conversantly by this study. Supreme Court judged that the stockholder who raised the action had the qualification to which can apply for enforcement. The reason is because the stockholder receives the effect of the judgment. Having the qualification to which the stockholder who is a plaintiff in the action can apply for enforcement conclusively can't be denied. It's very proper that the adjudication made that clear. I'd like to expect that the contents of the enforcement procedure in detail will be made taking this adjudication as an opportunity from now on.

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