2009년 상법총칙·상행위법 판례의 법리와 분석

Abstract

This article analyzes and makes critical comments on the supreme court cases concerning general provision and commercial transaction under the Commercial Act in 2009. In 2009, the Supreme Court of Korea made several important case laws. But I selected the representative five cases. The representative cases are introduced in this article as the following:1. Managerial Employee with a Patial Comprehensive Rights 〔Supreme Court Case 2007da20440, 20457〕. In this case, the Supreme Court of Korea acknowledged the managerial employee with a patial comprehensive rights. 2. Transference of Business(1) 〔Supreme Court Case 2007da17123, 17130〕. In this case, the Supreme Court of Korea acknowledged the transference of business. 3. Transference of Business(2) 〔Supreme Court Case 2009ma1136〕. In this case, the Supreme Court of Korea acknowledged the transference of business. 4. Agency of Commercial Transaction 〔Supreme Court Case 2008da79340〕. In this case, the Supreme Court of Korea acknowledged the agency of commercial transaction. 5. Multimodal Transport 〔Supreme Court Case 2008da58978〕. In this case, the Supreme Court of Korea acknowledged the short terms of instituting validity on the NEGOTIABLE FIATA MUTIMODAL TRANSPORT BILL OF LADING.