2006년 회사법 판례의 전개

Abstract

Review the case on corporate law in 2006 It is not easy to review the cases on corporate law because the numbers of the cases on corporate law are not many and the issues are overlapping. Belows are the summary and arrangement of the cases that is worth to be reviewed. First, the effect of the transfer of the stocks before the issue of the share certificate. That issue has somewhat cases and it has long times been focused on that point by the researchers. The case has pointed that, in order to resist to the third party, the transferee of the shares should notify or have the admission of the corporate by the certificate that verify a fixed date. Second, the effect of the transfer of name on the stockholder's list. It can not have the creative effect of the shareholders. It has only the qualification effect of the shareholder. Third, the effect of the share split-down that has not followed the needed procedure in one shareholder's corporate. The supreme court admitted the validity. Fourth, the effect of the change of the articles of the association that has not passed the votes of the class meeting. It has only reserving effect of the change of the articles of the association and the votes of the general shareholder's meeting are valid. Fifth, Can it be come into existence the guilty of the disguised payment of new stocks in case that the issue of the new stocks is invalid as the nonexistence. The supreme court denied the guilty, because they do not have the duty to pay the new stocks and have not the duty to keep substantiality of the capital.