2007년 상법총칙 상행위 판례회고

Abstract

<Abstract> Review of the case law on the general provisions of the Commercial Law in 2007 Ahn, Soo Hyun This year the Supreme Court of Korea made several important case laws affecting the commercial activities of a merchant. Firstly, there was a case which denied the application of Article 14 of the Commercial Code to an employee with a partial comprehensive rights of representation. Secondly, a case denied the application of the transfer of business regulation to a transaction of corporate restructuring or a transfer of trust business. Thirdly, the court also determined that the commercial extinctive prescription of 5 years should be applied to a claim for restitution of unjust enrichment based on a guarantee insurance contract. This approach, although it is seemed to change the court's previous position, is not basically different from the general view of the academic commentators and court's position. Fourthly, the court confirmed its traditional conclusion that an attorney is not a fictitious merchant which is subject to the Commercial Code. Finally, the court also decided that a claim of the agreed interest based on a loan between merchants also included a claim of the legal interest. This Article reviews the facts and decisions of these cases in detail and examines their legal implications in general.