제7판 2023.02.15

제6판 2022.02.15

제5판 2021.03.05

제4판 2020. 2. 10
제3판 2018. 2. 25
제2판 2016. 3. 25
초판 2015. 1. 10

이런저런 업무 마무리에 이 교과서 개정작업까지 얽혀있던 2022년 연말이 지나고 머리말을 준비하자니 한해의 무거움과 빠름이 새삼 느껴진다. 원래 2-3년에 한번씩 개정판을 내기로 출판사와 얘기했더랬다. 다행스럽게도 독자분들의 반응이 나쁘지 않아 매년 개정판을 내는 것이 좋겠다는 출판사의 얘기를 듣고, 없던 의욕(?)도 생겨서 부랴부랴 개정원고를 챙겼다. 판을 거듭할수록 빨라지는 손끝과 발전하는 일머리도 도움이 되었을 것이다. 2-3년에 한 번 몰아서 개정할 것인지 아니면 매년 작업을 할 것인지. 최근 회사법리의 발전속도와 풍성한 판례형성을 고려하면 후자가 낫지 않을까도 싶다. 공저자들끼리 가급적 매해 개정작업을 진행해 보기로 하였다. 물론 독자 제현의 관심이 지속되는 범위 내에서… 

한해 동안 좋은 논문들도 많이 나왔고 주요 법리를 다룬 판례도 많았다. 서울대 금융법센터의 BFL 편집위원회에서의 실무쟁점 논의, 법무부 자문 등을 포함한 실무계와의 교류 또한 다양한 생각거리를 제공해 주었다. 특히 공저자 한 분(김건식 교수)이 운영하는 Korea Business Law Network(https://kbln.org)를 통해 미국, 독일, 일본 등 학계논의를 접하면서 여러 영감도 받을 수 있었다. 제7판에서 보강된 독일, 일본 등 논의는 오롯이 위 공저자의 리서치에 의지한 것이다. 편의를 위해 각 장별로 추가, 수정된 주요부분을 정리하면 아래와 같다. 

제3장(주식과 주주): 주식양도 제한, 이익공여금지

제4장(주식회사의 기관): 초과다수결요건, 퇴임이사 법리, 감시의무와 내부통제장치

제5장(주식회사의 회계): 배당청구권 성립요건, 현물배당

제6장(주식회사의 재무): 주식관련사채의 하자주장 

제7장(기업구조 개편): 주식매수가격 산정

제8장(기타의 중요한 변경): 조직변경

제9장(기타의 기업형태): 회사의 불법행위책임 

올해 정부는 회사법 개정을 시도한다고 한다. 실은 의무공개매수(mandatory bid), 물적분할 시의 주식매수청구권 등 전형적인 회사법 쟁점들이 자본시장법령 개정 사안으로 논의되고 있어, 고개가 갸우뚱해지기도 했다. 예전에도 그랬지만 기본법으로서 회사법의 무게감이 고려된 탓이리라. 하지만 회사법상 불합리한 조항들을 과감히 개선하는 노력이 지속되었으면 하는 바람이다. 교과서 저자로서의 업무가 과중해지더라도. 

감사할 분들이 많다. 공저자분들은 말할 것 없고, 학계와 실무계의 선후배분들은 필자가 의지할 단단한 버팀목이다. 다이내믹한 회사법 분야에 항상 등장하는 새로운 쟁점에 길라잡이들의 예지는 큰 도움이 된다. 학생들도 감사의 대상이다. 법학에 갓 입문한 로스쿨생들이 이 책을 읽고 완벽히 소화하기란 쉽지 않다. 그럼에도 열심을 다하는 학생들과의 교류 속에 내가 간과했던 포인트를 되새기는 일도 잦다. 마지막으로 연이은 개정 작업을 흔쾌히 진행해주시는 박영사 안종만 회장님, 조성호 이사님, 김선민 이사님께도 마음로부터의 사의를 표하고 싶다. 

2023년 2월

공저자를 대표하여 

노 혁 준

김건식

서울대 법대 법학사 및 법학석사

하버드법대 LL.M.

워싱턴주립대 법대 J.D. & Ph.D.

서울대 법대 학장 겸 법학전문대학원 원장 역임

한국상사법학회 회장 역임

서울대 법학전문대학원 교수

현재 서울대 법학전문대학원 명예교수

주요 저서

회사법연구Ⅰ,Ⅱ(2010), Ⅲ(2021)

기업지배구조와 법 (2010)

자본시장법 (제3판 2013 공저)

Corporate Law and Governance-Collected Papers (2020)

노혁준

서울대 법대 법학사, 법학석사 및 법학박사

서울지방법원 남부지원 판사

법무법인 율촌 변호사

현재 서울대 법학전문대학원 교수

주요 저서

지주회사와 법 (보정판 2008 공편)

회사분할의 제문제 (2013 편저)

신탁법의 쟁점 1, 2 (2015 공편)

증권불공정거래의 쟁점 1, 2 (2019 공편)

천경훈

서울대 법대 법학사, 법학석사 및 법학박사

듀크대 로스쿨 LL.M.

김․장 법률사무소 변호사

현재 서울대 법학전문대학원 교수

주요 저서

우호적 M&A의 이론과 실무 (1)(2) (2017 편저)

이익충돌에 관한 법적 연구 (2018 공저)

주석상법 회사 (6) (2021 공저)

민법주해 총칙 (2) (2022 공저)

제1장  총  설

제1절  기업과 회사 3

제2절  회사와 회사법 19

제3절  회사법의 기본 개념과 법리 45

제4절  주식회사법의 기초 74

제2장  주식회사의 설립

제1절  총  설 87

제2절  정관의 작성 99

제3절  주식의 인수와 출자의 이행 105

제4절  기관의 구성과 창립총회 113

제5절  설립경과의 조사 116

제6절  설립등기 118

제7절  변태설립사항 120

제8절  설립관여자의 책임 132

제9절  설립의 무효 139

제3장  주식과 주주

제1절  총  설 145

제2절  주식의 종류 153

제3절  주  권 181

제4절  주주명부 191

제5절  주식의 양도 202

제6절  주식의 담보와 대차 215

제7절  주식의 전자등록과 예탁결제제도 222

제8절  주식의 소각, 병합, 분할 235

제9절  주주의 권리와 의무 245

제10절  주주의 정보접근권 270

제4장  주식회사의 기관

제1절  총  설 285

제2절  주주총회 291

제3절  업무집행기관 362

제4절  이사의 의무 418

제5절  이사의 책임 488

제6절  감사와 감사위원회 526

제5장  주식회사의 회계

제1절  총  설 559

제2절  결산과 공시 563

제3절  자본금과 준비금 583

제4절  이익배당 598

제6장  주식회사의 재무

제1절  총  설 631

제2절  신주발행 643

제3절  자기주식의 취득 682

제4절  사채발행 699

제7장  기업구조개편

제1절  총    설 743

제2절  영업양도 753

제3절  주식매수 762

제4절  합    병 772

제5절  회사의 분할 808

제6절  주식의 포괄적 교환과 포괄적 이전 838

제7절  반대주주의 주식매수청구권과 지배주주의 주식매도청구권: 소수주주의 퇴사와 축출 859

제8장  기타의 중요한 변경

제1절  정관변경 883

제2절  자본금의 감소 886

제3절  조직변경 892

제4절  영업양수도 이외의 경영관련계약 895

제5절  회사의 해산과 청산 898

제9장  기타의 기업형태

제1절  합명회사 909

제2절  합자회사 942

제3절  합자조합 954

제4절  유한회사 960

제5절  유한책임회사 989

제6절  외국회사 997

제7절  특별법상의 기업형태 1007

판례색인

[대법원]
1956. 7. 5, 4289민상147 판결 ··························· 912
1960. 8. 18, 4293민재항167 결정 ····················· 515
1962. 1. 25, 4294민상525 판결 ··············· 324, 332
1964. 5. 5, 63다775 판결 ·································· 182
1965. 12. 7, 65다2069 판결 ······························ 209
1966. 1. 25, 65다2128 판결 ································ 10
1966. 1. 25, 65다2140, 2141 판결 ··················· 727
1967. 6. 13, 67다302 판결 ································ 120
1968. 1. 31, 67다2011 판결 ······························ 331
1968. 5. 21, 68다461 판결 ·································· 58
1968. 6. 18, 67다2528 판결 ······························ 888
1969. 2. 4, 68다2284 판결 ································ 321
1969. 5. 27, 69다327 판결 ································ 449
1969. 7. 8, 69다688 판결 ·································· 301
1969. 9. 2, 67다1705, 1706 판결 ····················· 331
1969. 11. 11, 69다1374 판결 ···························· 418
1969. 11. 25, 64다569 판결 ······························ 727
1970. 3. 10, 69다1812 판결 ······························ 179
1970. 6. 30, 70후7 판결 ···································· 382
1970. 8. 31, 70다1357 판결 ································ 95
1970. 10. 23, 70다2032 판결 ···························· 120
1971. 2. 23, 70다1361, 1362 판결 ··················· 380
1971. 4. 30, 71다392 판결 ································ 728
1971. 6. 29, 71다946 판결 ································ 382
1973. 2. 28, 72다1907 판결 ······························ 382
1973. 8. 31, 73다824 판결 ······················· 110, 636
1973. 10. 31, 73다954 판결 ····················· 416, 424
1974. 1. 15, 73다955 판결 ································ 416
1974. 12. 28, 73마332 결정 ······························ 219
1975. 5. 27, 74다1366 판결 ······························ 381
1975. 12. 23, 75다1479 판결 ······························ 58
1976. 4. 13, 74다1755 판결 ······························ 269
1976. 5. 11, 74다52 판결 ·································· 859
1976. 6. 22, 75다1503 판결 ······························ 917
1977. 3. 8, 76다1292 판결 ································ 658
1977. 4. 12, 76다943 판결 ································ 104
1977. 4. 12, 76다2766 판결 ······························ 181
1977. 4. 26, 75다1341 판결 ····················· 930, 936
1977. 4. 26, 76다1440, 1441 판결 ··················· 332
1977. 9. 28, 76다2386 판결 ······························ 322
1977. 11. 8,ﾠ77도2439ﾠ판결 ····················· 110, 636
1978. 1. 10, 77다1788 판결 ······························ 450
1978. 6. 27, 78다389 판결 ································ 369
1978. 7. 26, 78마106 결정 ································ 883
1978. 9. 26, 78다1219 판결 ······························ 334
1978. 11. 14, 78다1269 판결 ···························· 331
1978. 12. 13, 78다1567 판결 ···························· 987
1979. 2. 13, 77다2436 판결 ······························ 380
1979. 3. 27, 79다19 판결 ················ 284, 323, 324
1979. 11. 27, 79다1599 판결 ···························· 450
1979. 12. 11,ﾠ79도1489ﾠ판결 ··················· 110, 636
1980. 1. 29, 78다1237 판결 ······························ 425
1980. 2. 12, 79다509 판결 ······················· 638, 648
1980. 3. 11, 80마68 결정 ·································· 883
1980. 3. 25, 77누265 판결 ································ 764
1980. 7. 22, 80다341 판결 ································ 416
1980. 8. 26, 80다1263 판결 ······························ 574
1980. 10. 27, 79다1264 판결 ···························· 321
1980. 12. 9, 79다1989 판결 ······························ 332
1981. 9. 8, 80다2511 판결 ····· 415, 424, 886, 887
1981. 9. 8, 81다141 판결 ·································· 210
1982. 2. 9, 80다2424 판결 ································ 354
1982. 4. 13, 80도537 판결 ································ 110
1982. 7. 13, 80다2441 판결 ············ 364, 369, 372
1982. 9. 14, 80다2425 판결(전) ····· 325, 330, 332
1982. 9. 28, 82다카21 판결 ····················· 180, 210
1983. 3. 22, 82다카1810 판결(전) ·········· 325, 334
1983. 5. 24, 82누522 판결 ······················· 109, 636
1983. 8. 23, 83도748 판결 ································ 322
1983. 12. 13, 82도735 판결 ································ 73
1983. 12. 13, 83도2330 판결(전) ············ 463, 623
1984. 10. 10, 82도2595 판결(전) ······················· 56
1984. 12. 11, 84다카1591 판결 ······ 417, 418, 424
1985. 6. 11, 84다카963 판결 ····························· 381
1985. 6. 25, 84다카1954 판결 406, 407, 460, 468
1985. 7. 23, 84누678 판결 ·································· 92
1985. 7. 31, 85마214 결정 ······················· 514, 515
1985. 11. 12, 84다카2490 판결393, 462, 470, 471
1985. 11. 26, 85다카122 판결 ····························· 57
1985. 12. 10, 84다카319 판결 ··························· 372
1986. 9. 9, 85도2297 판결 ································ 110
1987. 4. 28, 86다카553 판결 ·········· 276, 321, 728
1987. 5. 26, 86다카982, 983 판결 ··················· 210
1987. 9. 8, 86다카2971 판결 ····························· 328
1987. 10. 13, 86다카1522 판결 ················· 58, 377
1987. 12. 8, 86다카1230 판결 ····························· 57
1987. 12. 22, 87다카1458 판결 ··························· 57
1988. 4. 12, 87다카1662 판결 ··························· 727
1988. 4. 25, 87누399 판결 ································ 369
1988. 6. 14, 87다카2599, 2600 판결 ······ 196, 561
1988. 9. 13, 88다카9098 판결 ··························· 415
1988. 10. 25, 86다카1228 판결 ························· 382
1988. 11. 22, 87다카1671 판결 ··························· 60
1989. 1. 31, 87누760 판결 ······················· 426, 465
1989. 2. 14, 87다카3200 판결 ··························· 310
1989. 3. 14, 88누889 판결 ································ 629
1989. 5. 23, 88다카16690 판결 ························· 334
1989. 5. 23, 89다카3677 판결 ··························· 378
1989. 7. 11, 89다카5345 판결 ················· 192, 243
1989. 7. 25, 87다카2316 판결 ··························· 650
1989. 9. 12, 87다카2691 판결 ··························· 887
1989. 9. 12, 89다카890 판결 ····························· 251
1989. 10. 13, 89도1012 판결 ···························· 462
1989. 11. 28, 88다카33626 판결 ······················· 906
1990. 11. 2, 90마745 결정 ······················· 434, 436
1990. 11. 13, 89다카26878 판결 ······················· 383
1990. 12. 11, 90다카25253 판결 ············· 424, 425
1991. 4. 30, 90마672 결정 ······················· 150, 277
1991. 5. 28, 90다6774 판결 ············ 186, 323, 332
1991. 5. 28, 90다20084 판결 ·········· 271, 366, 421
1991. 7. 26, 90다19206 판결 ···························· 917
1991. 12. 13, 90다카1158 판결 ··············· 209, 331
1991. 12. 24, 91다4355 판결 ···························· 355
1992. 2. 14, 91다31494 판결 ······························ 87
1992. 3. 31, 91다16310 판결 · 270, 421, 443, 859
1992. 4. 14, 90다카22698 판결 ··············· 363, 369
1992. 5. 12, 92다5638 판결 ······························ 356
1992. 5. 26, 92다84 판결 ·································· 218
1992. 7. 24, 92다79 판결 ·································· 363
1992. 7. 28, 91다35816 판결 ···························· 381
1992. 8. 14, 91다45141 판결 · 209, 324, 331, 332
1992. 8. 18, 91다14369 판결 ··················· 333, 727
1992. 8. 18, 91다39924 판결 ···························· 333
1992. 9. 14, 91다33087 판결 ···························· 123
1992. 9. 22, 91다5365 판결 ············ 330, 331, 381
1992. 10. 27, 92다16386 판결 ········ 191, 202, 211
1992. 10. 27, 92다19033 판결 ·························· 383
1992. 11. 27, 92다30405 판결 ·························· 912
1992. 12. 22, 92다28228 판결 ·························· 449
1993. 1. 26, 91다36093 판결 ·········· 463, 469, 471, 472, 481
1993. 1. 26, 92다11008 판결 ··················· 321, 331
1993. 2. 26, 92다48727 판결 ····················· 31, 321
1993. 3. 26, 92다32876 판결 ···························· 330
1993. 4. 9, 92다53583 판결 ······························ 352
1993. 5. 27, 92누14908 판결 ············ 70, 335, 767
1993. 6. 11, 93다8702 판결 ····················· 270, 322
1993. 6. 25, 93다13391 판결 ···························· 376
1993. 7. 13, 92다40952 판결 ··················· 194, 331
1993. 8. 24, 93도1200 판결 ······························ 110
1993. 9. 10, 93도698 판결 ·············· 276, 321, 331
1993. 9. 14, 91다33926 판결 ··················· 331, 729
1993. 10. 12, 92다28235, 28242 판결 ············· 331
1993. 12. 28, 93다8719 판결 ···························· 249
1994. 1. 28, 93다50215 판결 ······················· 92, 95
1994. 3. 8, 93다1589 판결 ································ 764
1994. 3. 28, 93마1916 결정 ································ 94
1994. 5. 10, 93다47615 판결 ···························· 726
1994. 5. 13, 94다323 판결 ································ 122
1994. 5. 27, 94다7607 판결 ······························ 889
1994. 6. 28, 93다44906 판결 ···························· 202
1994. 10. 11, 94다18614 판결 ·························· 186
1994. 10. 11, 94다24626 판결 ·························· 424
1994. 10. 25, 93누21231 판결 ·························· 764
1994. 10. 28, 94다28604 판결 ···························· 57
1994. 12. 27, 94다7621 판결 ···························· 381
1995. 2. 10, 94다55217 판결 ···························· 183
1995. 2. 28, 94다34579 판결 ··················· 302, 643
1995. 3. 10, 94다56708 판결 ···························· 356
1995. 3. 24, 94다47728 판결 ···························· 191
1995. 4. 11, 94다33903 판결 ···························· 376
1995. 4. 11, 94다53419 판결 ···························· 316
1995. 5. 12, 93다44531 판결 ······························ 68
1995. 5. 23, 94다36421 판결 ···························· 632
1995. 7. 28, 93다61338 판결 ···························· 214
1995. 7. 28, 94다25735 판결 ··················· 191, 196
1995. 8. 22, 95다12231 판결 ···························· 731
1995. 9. 12, 95마686 결정 ································ 883
1995. 9. 15, 95누4353 판결 ······························ 450
1995. 9. 15, 95다13302 판결 ···························· 376
1995. 11. 21, 94다50908 판결 ·························· 381
1996. 1. 26, 94다24039 판결 ··················· 179, 180
1996. 4. 9, 95다56316 판결 ······························ 505
1996. 5. 28, 95다12101, 12118 판결 ··············· 418
1996. 6. 25, 96다12726 판결 ···························· 658
1996. 7. 30, 96도732 판결 ································ 356
1996. 10. 11, 96다24309 판결 ················· 275, 281
1996. 12. 10, 96다32881 판결 ·························· 579
1996. 12. 20, 96다39998 판결 ·························· 322
1996. 12. 23, 96다30465, 30472 판결 ···················396, 403, 462
1996. 12. 23, 96다32768, 32775, 32782 판결 ····· 195
1997. 2. 14, 96다44839 판결 ···························· 918
1997. 2. 14, 96도2904 판결 ······························ 110
1997. 3. 19, 97그7 결정 ··························· 199, 600
1997. 6. 27, 95다40977, 40984 판결 ··············· 727
1997. 7. 13, 92다40952 판결 ···························· 194
1997. 7. 25, 97다15371 판결 ···························· 727
1997. 8. 29, 97다18059 판결 ···························· 377
1997. 9. 12, 96다41991 판결 ··················· 521, 522
1997. 12. 12, 95다49646 판결 ·························· 182
1998. 3. 27, 97다34709 판결 ··················· 382, 383
1998. 4. 10, 97다50619 판결 ···························· 314
1998. 4. 28, 98다8615 판결 ······························ 349
1998. 5. 12, 98다4569 판결 ······························ 324
1998. 9. 8, 96다45818 판결 ····················· 193, 247
1999. 2. 23, 98도2296 판결 ······························ 419
1999. 10. 8, 98다2488 판결 ······················· 57, 376
1999. 10. 12, 99도3057 판결 ··················· 110, 636
1999. 11. 12, 99다19797 판결 ················· 380, 382
1999. 12. 21, 99다137 판결 ············ 597, 598, 600
2000. 1. 28, 98다17183 판결 ···························· 191
2000. 3. 23, 99다67529 판결 ··················· 181, 211
2000. 4. 25, 98다47108 판결 ···························· 303
2000. 5. 26, 99도2781 판결 ······························ 462
2000. 6. 9, 98다35037 판결 ······························ 988
2000. 8. 16, 99그1 결정 ···································· 214
2000. 9. 8, 99다58471 판결 ······························ 182
2000. 9. 8, 2000다22591 판결 ·························· 356
2000. 9. 26, 99다48429 판결 ············ 31, 203, 207
2000. 9. 26, 99다54905 판결 ···························· 419
2000. 11. 17, 2000마5632 결정 ························ 353
2000. 11. 24, 99다12437 판결 ···························· 97
2000. 11. 28, 2000다34242 판결 ············· 316, 326
2001. 1. 19, 97다21604 판결 ······················· 60, 61
2001. 2. 23, 2000다61312 판결 ··············· 341, 356
2001. 5. 15, 2001다12973 판결 ······ 290, 294, 322
2001. 6. 15, 2001다23928 판결 ··············· 348, 349
2001. 7. 13, 2000두5333 판결 ················· 150, 889
2001. 8. 21, 2000도5418 판결 ················· 110, 636
2001. 10. 26, 99다58051 판결 ········ 597, 598, 858
2001. 11. 13, 2001다55574 판결 ·························· 6
2001. 12. 28, 2001다49111 판결 ······················ 311
2002. 2. 26, 2001다76854 판결 ························ 549
2002. 3. 15, 2000다9086 판결 ··························393, 396, 397, 462, 486, 502
2002. 3. 29, 2000다47316 판결 ······ 393, 394, 462
2002. 3. 29, 2000두8455 판결 ·························· 732
2002. 4. 9, 2001다77567 판결 ·························· 935
2002. 5. 31, 2001다64486 판결 ························ 489
2002. 6. 14, 2001다52407 판결 ························ 399
2002. 6. 14, 2002다11441 판결 ························ 465
2002. 6. 25, 2000다63622 판결 ························ 248
2002. 7. 12, 2001다2617 판결 ·························· 480
2002. 7. 12, 2002다20544 판결 ··············· 420, 421
2002. 7. 26, 2000다17070 판결 ························ 677
2002. 9. 4, 2002다4429 판결 ···························· 356
2002. 12. 24, 2002다54691 판결 ············· 288, 301
2003. 2. 11, 2001다14351 판결 ························ 747
2003. 2. 11, 2002다62029 판결 ························ 380
2003. 2. 26, 2000다42786 판결 ······························324, 483, 648, 649
2003. 3. 11, 2000다48272 판결 ·························· 55
2003. 4. 11, 2002다70044 판결 ························ 470
2003. 5. 16, 2001다44109 판결 ············242, 636, 663, 665
2003. 7. 11, 2001다45584 판결 ············ 280, 283, 321, 324, 325, 327, 328, 334
2003. 9. 26, 2002다64681 판결 ············· 340, 341, 356, 373, 447
2003. 9. 26, 2002다65073 판결 ························ 382
2003. 10. 24, 2003다29661 판결 ············· 211, 481
2004. 2. 27, 2002다19797 판결 ··············· 326, 372
2004. 3. 25, 2003다18838 판결 ························ 504
2004. 3. 25, 2003다64688 판결 ··············· 419, 425
2004. 3. 26, 2002다29138 판결 ······ 107, 109, 244
2004. 3. 26, 2003다34045 판결 ························ 383
2004. 4. 27, 2003다29616 판결 ······ 302, 328, 874
2004. 6. 17, 2003도7645 판결(전) ···· 110, 393, 636
2004. 6. 18, 2001그132~135 결정 ····················· 66
2004. 6. 25, 2000다37326 판결 ··················· 646, 648, 649, 695
2004. 7. 8, 2004다13717 판결 ·························· 727
2004. 7. 22, 2002도4229 판결 ·························· 402
2004. 8. 16, 2003다9636 판결 ·························· 695
2004. 8. 20, 2003다20060 판결 ··············· 335, 695
2004. 8. 30, 2003다25973 판결 ························ 803
2004. 9. 23, 2003다49221 판결 ······ 489, 735, 858
2004. 9. 24, 2004다28047 판결 ··············· 319, 326
2004. 10. 15, 2004다25611 판결 ······················ 350
2004. 11. 12, 2002다66892 판결 ·········· 60, 63, 64
2004. 12. 9, 2003다69355 판결 ··············· 756, 773
2004. 12. 10, 2002다60467, 60474 판결 ···············405, 406, 465, 466
2004. 12. 10, 2003다41715 판결 ······················ 276
2004. 12. 10, 2004다25123 판결 ····························269, 270, 271, 322, 349, 373, 449
2004. 12. 24, 2003마1575 결정 ··············· 368, 598
2005. 4. 29, 2005다2820 판결 ·························· 464
2005. 4. 29, 2005도856 판결 ··················· 110, 636
2005. 5. 27, 2005다480 판결 ············ 58, 416, 424
2005. 6. 9, 2005다2554 판결 ···························· 367
2005. 6. 23, 2004다51887 판결 ························ 237
2005. 7. 28, 2005다3649 판결 ···· 339, 359, 360, 377
2005. 9. 9, 2004다17702 판결 ·························· 381
2005. 9. 15, 2005다15550 판결 ··············· 676, 688
2005. 10. 28, 2003다69638 판결 ············ 399, 400,402, 403, 404, 408, 461, 463, 464, 466, 864
2005. 10. 28, 2005도4915 판결 ·························· 58
2005. 12. 9, 2004다40306 판결 ························ 873
2006. 1. 13, 2005도7474 판결 ·························· 526
2006. 1. 27, 2004다44575, 44582 판결 ·················155, 336, 868
2006. 1. 27, 2005다19378 판결 ························ 465
2006. 5. 25, 2003다16092, 16108 판결 ··········· 447
2006. 6. 2, 2006도48 판결 ······················· 636, 650
2006. 7. 6, 2004다8272 판결 ··················· 404, 464
2006. 8. 25, 2004다26119 판결 ······························62, 63, 65, 477, 859
2006. 9. 14, 2005다45537 판결 ··············· 211, 212
2006. 10. 26, 2004다27082 판결 ························ 66
2006. 11. 9, 2004다41651, 41668 판결 ················· 402, 404, 461
2006. 11. 9, 2004도7027 판결 ················· 463, 738
2006. 11. 10, 2005다46233 판결 ······················ 367
2006. 11. 23, 2004다49570 판결 ···· 350, 351, 447
2006. 11. 23, 2005마958 결정 ································840, 841, 842, 843
2006. 11. 24, 2004마1022 결정 ······························81, 841, 842, 843
2006. 12. 22, 2004다63354 판결 ······················ 473
2007. 2. 22, 2005다73020 판결 ······························271, 331, 696, 698, 699
2007. 2. 22, 2005다77060, 77077 판결 ··········· 647
2007. 4. 12, 2006다77593 판결 ··············· 282, 283
2007. 5. 10, 2005다4284 판결 ··············50, 273, 421, 422, 426, 434, 443
2007. 5. 10, 2005다60147 판결 ······ 658, 833, 843
2007. 5. 10, 2007다7256 판결 ·························· 373
2007. 5. 31, 2005다55473 판결 ························ 383
2007. 5. 31, 2005다56995 판결 ························ 463
2007. 6. 28, 2006다38161, 38178 판결 ············· 253, 255, 665
2007. 6. 28, 2006다62362 판결······355, 356, 868, 869
2007. 8. 23, 2005도4471 판결 ·························· 764
2007. 8. 23, 2005두5574 판결 ·························· 109
2007. 9. 6, 2007다40000 판결 ·········272, 295, 325, 547
2007. 9. 21, 2006다81981 판결 ························ 410
2007. 10. 11, 2006다33333 판결 ·················399, 400, 401, 409
2007. 11. 15, 2007두5172 판결 ························ 457
2007. 11. 29, 2006두18928 판결 ······················ 796
2007. 11. 30, 2005마1130 결정 ·························· 53
2007. 11. 30, 2006다19603 판결 ·····462, 463, 464, 505, 861
2007. 12. 13, 2007다60080 판결 ···············402, 461, 495, 504, 548, 549
2008. 1. 10, 2007다64136 판결 ······ 766, 771, 775
2008. 1. 18, 2005다65579 판결 ························ 473
2008. 2. 14, 2006다18969 판결 ························ 741
2008. 2. 14, 2006다82601 판결 ······ 466, 505, 506
2008. 2. 14, 2007다73321 판결 ························ 801
2008. 2. 28, 2007도5987 판결 ·························· 738
2008. 3. 27, 2007다70599, 70605 판결 ··········· 107
2008. 5. 29, 2005도4640 판결 ·························· 423
2008. 5. 29, 2007도5206 판결 ·························· 110
2008. 5. 29, 2008다4537 판결 ·························· 355
2008. 6. 26, 2007도9679 판결 ·························· 486
2008. 7. 10, 2007다14193 판결 ········ 31, 206, 207
2008. 8. 21, 2006다24438 판결 ············ 60, 61, 64
2008. 9. 11, 2006다68636 판결 ··············· 408, 409, 503, 505
2008. 9. 11, 2007다31518 판결 ··············· 396, 503
2008. 9. 11, 2007다90982 판결 ·························· 62
2008. 11. 13, 2008다46906 판결 ······················ 741
2008. 11. 27, 2006도9194 판결 ························ 375
2008. 12. 11, 2005다51471 판결 ············· 463, 465
2009. 1. 15, 2007다17123, 17130 판결 ··· 726, 731
2009. 1. 30, 2006다31269 판결 ························ 293
2009. 1. 30, 2008다50776 판결 ·············· 627, 648, 661, 719
2009. 3. 12, 2007다60455 판결 ························ 381
2009. 3. 26, 2006다47677 판결 ··············· 376, 466
2009. 3. 26, 2007도8195 판결 ·························· 283
2009. 4. 23, 2005다22701, 22718 판결 ·················193, 224, 300, 301, 303, 304, 311
2009. 4. 23, 2008다96291, 96307 판결 ·················786, 799, 801
2009. 5. 29, 2007도4949 판결(전) ·························463, 622, 638, 651, 652, 769, 770, 814
2009. 6. 25, 2008마1930 결정 ·························· 486
2009. 8. 20, 2009두1440 판결 ················· 357, 373
2009. 10. 29, 2009마1311 결정 ························ 354
2009. 11. 12, 2007다53785 판결 ······················ 547
2009. 11. 26, 2009다39240 판결 ······················ 478
2009. 11. 26, 2009다51820 판결 ····························31, 288, 322, 496
2009. 12. 10, 2009다63236 판결 ························ 57
2009. 12. 24, 2008다15520 판결 ······················ 237
2010. 1. 14, 2009다55808 판결 ··············· 419, 425
2010. 1. 14, 2009다77327 판결 ·························· 64
2010. 1. 28, 2008다54587 판결 ························ 674
2010. 1. 28, 2009다3920 판결 ················· 492, 645
2010. 2. 11, 2009다83599 판결 ··············· 335, 873
2010. 2. 25, 2008다74963 판결 ························ 804
2010. 2. 25, 2008다96963, 96970 판결 ···· 196, 561
2010. 3. 11, 2007다51505 판결 ··············· 192, 325
2010. 3. 11, 2007다71271 판결 ························ 419
2010. 3. 11, 2009다82244 판결 ························ 431
2010. 4. 15, 2009다98058 판결 ························ 485
2010. 4. 15, 2009도6634 판결 ·························· 738
2010. 4. 29, 2008다65860 판결 ······························ 645, 646, 648, 765
2010. 4. 29, 2009다88631 판결 ··············· 191, 212
2010. 5. 13, 2010도568 판결 ······························ 50
2010. 6. 24, 2010다13541 판결 ··············· 321, 331
2010. 7. 22, 2008다37193 판결 ······························ 332, 766, 805, 806
2010. 8. 19, 2008다92336 판결 ························ 791
2010. 8. 26, 2009다95769 판결 ··············· 799, 802
2010. 9. 16, 2008다97218 판결 ························ 635
2010. 9. 20, 2010다351398 판결 ······················ 731
2010. 9. 30, 2010다21337 판결 ······ 920, 935, 937
2010. 9. 30, 2010다35985 판결 ························ 351
2010. 10. 14, 2009다89665 판결 ······················ 191
2010. 10. 28, 2009도1149 판결 ························ 403
2010. 10. 28, 2010다51413 판결 ······················ 662
2010. 12. 23, 2010다71660 판결 ······················ 801
2011. 3. 10, 2010다100339 판결 ······················ 382
2011. 3. 24, 2010다85027 판결 ························ 455
2011. 3. 24, 2010다99453 판결 ························ 912
2011. 4. 14, 2008다14633 판결 ························ 401
2011. 4. 28, 2009다23610 판결 ··············· 664, 665
2011. 4. 28, 2009다72667 판결 ························ 837
2011. 4. 28, 2010다94953 판결 ························ 837
2011. 5. 13, 2010다94472 판결 ·························· 64
2011. 5. 26, 2010다22552 판결 ························ 482
2011. 6. 10, 2011다6120 판결 ················· 466, 478
2011. 6. 24, 2009다35033 판결 ······························283, 316, 363, 367
2011. 7. 28, 2010다70018 판결 ························ 380
2011. 8. 25, 2010다44002 판결 ························ 796
2011. 9. 29, 2011다38516 판결 ··············· 803, 804
2011. 10. 13, 2008마264 결정 ················· 839, 842
2011. 10. 27, 2010다88682 판결 ······················ 314
2011. 11. 24, 2010도11394 판결 ······················ 455
2011. 12. 22, 2011다88856 판결 ························ 61
2012. 2. 9, 2011다62076, 62083 판결 ············· 210
2012. 2. 23, 2011도15857 판결 ························ 477
2012. 3. 29, 2010다91046 판결 ························ 446
2012. 3. 29, 2012다1993 판결 ·························· 446
2012. 4. 12, 2010다27847 판결 ························ 911
2012. 4. 12, 2011다106143 판결 ············· 375, 729
2012. 5. 24, 2009다22549 판결 ·························· 68
2012. 6. 14, 2012다20925 판결 ························ 193
2012. 8. 23, 2012다34764 판결 ························ 215
2012. 9. 27, 2010다94342 판결 ························ 449
2012. 12. 13, 2010다77743 판결 ······················ 473
2012. 12. 27, 2011다67651 판결 ······················ 425
2013. 2. 14, 2011다109708 판결 ······················ 249
2013. 2. 15, 2011다103984 판결 ················· 61, 63
2013. 2. 28, 2010다58223 판결 ························ 272
2013. 3. 28, 2012다42604 판결 ························ 368
2013. 3. 28, 2012다114783 판결 ······················ 731
2013. 4. 11, 2012다116307 판결 ············· 384, 470
2013. 4. 13, 2012다64116 판결 ························ 731
2013. 6. 13, 2011도524 판결 ···························· 738
2013. 6. 27, 2011다50165 판결 ························ 383
2013. 7. 11, 2013다5091 판결 ················· 377, 383
2013. 7. 25, 2011다30574 판결 ························ 381
2013. 9. 9, 2013마1273 결정 ···························· 502
2013. 9. 12, 2011다57869 판결 ······························ 401, 413, 419, 433, 439, 440, 483
2013. 9. 26, 2011다42348 판결 ························ 351
2013. 9. 26, 2013도5214 판결 ·························· 477
2013. 12. 12, 2011다112247, 112254 판결 ····· 186
2013. 12. 12, 2011두4282 판결 ························ 804
2014. 1. 23, 2013다56839 판결 ························ 301
2014. 2. 19, 2013마2316 결정 ·························· 488
2014. 3. 27, 2013다39551 판결 ························ 355
2014. 4. 30, 2013다99942 판결 ························ 213
2014. 5. 29, 2012다98720 판결 ··············· 350, 357
2014. 7. 11, 2013마2397 결정 ········ 258, 260, 317
2014. 7. 21, 2013마657 결정 ··················· 368, 598
2014. 8. 28, 2013다18684 판결 ························ 628
2014. 9. 4, 2013다40858 판결 ·························· 698
2014. 10. 15, 2013다33633 판결 ······················ 726
2014. 12. 24, 2014다221258, 221265 판결 ····· 201
2015. 3. 12, 2012도9148 판결 ·························· 738
2015. 3. 20, 2013다88829 판결 ························ 123
2015. 5. 29, 2014다51541 판결 ··············· 898, 901
2015. 7. 23, 2014다236311 판결 ······················ 451
2015. 9. 10, 2015다213308 판결 ······················ 451
2015. 10. 15, 2012다64253 판결 ······················ 742
2015. 10. 29, 2013다53175 판결 ······················ 884
2015. 12. 10, 2012도235 판결 ·························· 110
2015. 12. 10, 2013다84162 판결 ······················ 730
2016. 1. 28, 2014다11888 판결 ························ 451
2016. 3. 24, 2014다3115 판결 ·························· 741
2016. 3. 24, 2015다71795 판결 ··············· 203, 211
2016. 4. 28, 2015다13690 판결 ····· 61, 62, 63, 64
2016. 6. 23, 2015다52190 판결 ························ 767
2016. 7. 14, 2012다65973 판결 ························ 741
2016. 7. 22, 2015다66397 판결 ······ 324, 484, 812
2016. 8. 17, 2016다222996 판결 ············· 298, 314
2016. 8. 24, 2014다9212 판결 ·························· 731
2016. 8. 24, 2016다222453 판결 ······················ 377
2016. 8. 29, 2014다210098 판결 ······················ 802
2017. 1. 12, 2015다68355, 68362 판결 ··········· 258
2017. 1. 12, 2016다217741 판결 ············· 311, 345
2017. 3. 23, 2015다248342 판결(전) ·····················
189, 194, 241, 242, 243, 245, 246, 293, 482
2017. 3. 23, 2016다251215 판결(전) ······ 347, 497
2017. 3. 30, 2016다21643 판결 ························ 451
2017. 5. 30, 2016다34687 판결 ··············· 801, 802
2017. 7. 14, 2016마230 결정 ···························· 845
2017. 8. 18, 2015다5569 판결 ················· 216, 420
2017. 9. 12, 2015다70044 판결 ······ 417, 434, 444
2017. 11. 9, 2015다235841 판결 ······················ 200
2017. 11. 9, 2015도12633 판결 ··············· 402, 864
2017. 12. 5, 2016다265351 판결 ····························241, 243, 244, 245, 246

[서울고등법원]
1973. 12. 26, 73나1624, 1625 판결 ················· 879
1974. 1. 24, 72나1588 판결 ······························ 933
1976. 6. 11, 75나1555 판결 ······························ 576
1977. 4. 7, 76나2887 판결 ································ 648
1978. 7. 6, 77나2669 판결 ································ 350
1982. 1. 13, 82노2105 판결 ······························ 436
1990. 7. 6, 89나46297 판결 ······························ 349
1997. 11. 4, 97라174 결정 ································ 492
1998. 8. 8, 98나5267 판결 ································ 328
2000. 1. 4, 98나45982 판결 ······························ 483
2003. 5. 13, 2002나65037 판결 ························ 872
2003. 6. 27, 2003나5360 판결 ·························· 485
2003. 8. 22, 2002나13746 판결 ························ 489
2003. 11. 20, 2002나6595 판결 ··············· 463, 864
2004. 12. 16, 2004나12617 판결 ························ 67
2005. 5. 13, 2004라885 결정 ··················· 277, 352
2006. 4. 12, 2005나74384 판결 ························ 279
2006. 10. 25, 2005나68396 판결 ······················ 466
2008. 1. 15, 2007나35437 판결 ······ 728, 736, 863
2008. 1. 29, 2005라878 결정 ···························· 841
2008. 4. 18, 2007나95965 판결 ·························· 29
2008. 7. 30, 2007나66271 판결 ························ 321
2008. 11. 6, 2004나66911 판결 ························ 791
2009. 8. 27, 2008누23988 판결 ························ 796
2010. 6. 18, 2009나106708 판결 ······················ 395
2011. 12. 9, 2011라1303 결정 ·························· 835
2013. 4. 16, 2012라674 결정 ···························· 368
2015. 7. 16, 2015라20503 결정 ························ 661
2015. 8. 28, 2015나2019092 판결 ··········· 287, 288
2015. 10. 15, 2015라651 결정 ·························· 288
2016. 5. 30, 2016라20189 결정 ························ 770

[광주고등법원]
1997. 12. 12, 96나7860 판결 ······························ 58
2010. 5. 28, 2009나3277 판결 ·························· 662

[대구고등법원]
1982. 10. 5, 81나1090 판결 ······························ 316
2012. 8. 22, 2011나2372 판결 ················· 466, 467

[부산고등법원]
2002. 12. 18, 2002나8957 판결 ··············· 495, 502
2004. 1. 16, 2003나12328 판결 ························ 297
2010. 12. 29, 2010노669 판결 ·························· 871

[서울지방법원]
1987. 9. 9, 87카37879 결정 ····················· 769, 814
1997. 2. 14, 96가합36826 판결 ························· 350
1998. 7. 24, 97가합39907 판결 ··············· 483, 485
2003. 11. 20, 2001가합18662, 61253 판결 ····· 302

[서울남부지방법원]
2003. 9. 19, 2003가합1749 판결 ············· 490, 858
2006. 8. 17, 2003가합1176 판결 ··············· 81, 467

[서울북부지방법원]
2007. 2. 28, 2007카합215 결정 ··············· 285, 288
2007. 10. 25, 2007카합1082 결정 ··········· 661, 722

[서울서부지방법원]
2006. 3. 24, 2006카합393 결정 ························· 661
2006. 6. 29, 2005가합8262 판결 ······················· 661
2007. 6. 15, 2006가합5550 판결 ······················· 806

[서울중앙지방법원]
2004. 3. 18, 2003가합56996 판결 ····················· 344
2004. 7. 27, 2000가합78872 판결 ····················· 804
2004. 12. 15, 2004비합347 결정 ······················· 277
2005. 10. 4, 2003고합1300 판결 ························· 79
2006. 11. 30, 2005가합97694 판결 ··················· 485
2008. 4. 28, 2008카합1306 결정 ······················· 496
2008. 6. 20, 2007가합43745 판결 ····················· 488
2008. 7. 23, 2008카담30498 결정 ····················· 486
2008. 7. 24, 2006가합98304 판결 ··········· 447, 448
2008. 9. 4, 2008가합47805 판결 ······················· 295
2009. 1. 9, 2006가합78171 판결 ···· 466, 467, 479
2009. 6. 2, 2009가합414 판결 ··························· 428
2009. 8. 19, 2009카합2887 결정 ······················· 628
2010. 2. 8, 2008가합47867 판결 ······················· 466
2011. 2. 25, 2008가합47881 판결 ····················· 437
2012. 1. 17, 2012카합23 결정 ················· 659, 662
2015. 7. 1, 2015카합80582 결정 ···· 276, 281, 285
2015. 9. 2, 2015카합80896 결정 ······················· 155
2017. 10. 19, 2016가합10827 판결 ··················· 770

[서울민사지방법원]
1971. 7. 9, 66가6853 판결 ································ 924
1987. 9. 9, 87카37879 결정 ······························ 491

[대구지방법원]
2000. 5. 30, 99가합13533 판결 ························· 548
2002. 3. 29, 2002카합1 결정 ····························· 331

[대전지방법원]
2006. 3. 14, 2006카합242 결정 ··············· 286, 287
천안지원 2014. 6. 13, 2014가합10056 판결 ··· 329

[부산지방법원]
2004. 4. 14, 2002가합16791 판결 ····················· 548
동부지원 1991. 8. 16, 90가합3057 판결 ········· 918

[수원지방법원]
2001. 4. 13, 99가합2689 판결 ··························· 549
2004. 12. 14, 2004가합2963 판결 ··········· 310, 311
2007. 8. 30, 2007카합392 판결 ························· 278
성남지원 2007. 1. 20, 2007카합30 결정 ········· 661
여주지원 2003. 12. 12, 2003카합369 결정 ····· 721
여주지원 2016. 8. 24, 2014가합10051 판결 ·········403, 485

[인천지방법원]
1986. 8. 29, 85가합1526 판결 ··························· 766
2014. 3. 24, 2014카합10052 결정 ····················· 288

[제주지방법원]
2008. 6. 12, 2007가합1636 판결 ······················· 329