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001 상인자격의 취득시기 _ 모고(2022/3차) 1
002 지배권의 내부적 제한 _ 변시6회(2017) ································································· 3 003 표현지배인 _ 모고(2020/2차) ···················································································· 6 004 상호폐지청구권 _ 변시9회(2020) ············································································· 9 005 명의대여자의 책임(1) _ 모고(2017/2차) ····························································· 13 006 명의대여자의 책임(2) _ 모고(2018/1차) ····························································· 15 007 명의대여자의 책임(3) _ 모고(2022/3차) ····························································· 18 008 영업양도인의 경업피지의무(1) _ 모고(2018/3차) ············································· 22 009 영업양도인의 경업피지의무(2) _ 모고(2023/2차) ············································· 24 010 상호를 속용하는 영업양수인의 책임(1) _ 모고(2013/2차) ····························· 26 011 상호를 속용하는 영업양수인의 책임(2) _ 변시3회(2014) ······························ 30 012 상호를 속용하는 영업양수인의 책임(3) _ 모고(2023/3차) ····························· 34 013 상호를 속용하는 영업양수인의 책임(4) _ 변시7회(2018) ······························ 36 014 상호를 속용하는 영업양수인의 책임(5) _ 모고(2017/2차) ····························· 38 015 상호를 속용하는 영업양수인의 책임, 법인격부인론의 역적용 _ 모고(2022/1차) 39 016 상사유치권 _ 모고(2021/3차) ·················································································· 43 017 유질계약의 허용성 _ 변시10회(2021) ··································································· 46 018 상사법정이율 _ 변시13회(2024) ············································································· 48 019 연대채무, 연대보증, 상사소멸시효 _ 모고(2018/2차) ······································· 50 020 확정기매매의 해제 _ 모고(2023/1차) ···································································· 55 021 매수인의 목적물 검사 및 하자 통지 의무(1) _ 변시6회(2017) ···················· 57 022 매수인의 목적물 검사 및 하자 통지 의무(2) _ 변시11회(2022) ·················· 61 023 익명조합 _ 변시12회(2023) ····················································································· 64 024 운송주선업 _ 모고(2019/1차) ·················································································· 66 025 공중접객업 _ 모고(2021/2차) ·················································································· 68 자 비 스026 법인격부인론의 역적용 _ 모고(2022/3차) ···························································· 70 027 회사의 손해배상책임 _ 모고(2012/3차) ································································ 72 028 설립중의 회사의 법률관계 _ 모고(2020/2차) ······················································ 75 029 재산인수(1) _ 모고(2021/3차) ··············································································· 78 030 재산인수(2) _ 모고(2017/2차) ··············································································· 80 031 현물출자의 부당평가 _ 모고(2014/3차) ································································ 82 032 모집주주의 주식인수 _ 모고(2021/3차) ································································ 85 033 위장납입(1) _ 모고(2014/3차) ··············································································· 87 034 위장납입(2) _ 변시5회(2016) ················································································ 93 035 발기인의 납입담보책임 _ 모고(2021/3차) ···························································· 95 036 타인명의에 의한 주식인수 시 주주의 확정(1) _ 변시2회(2013) ·················· 97 037 타인명의에 의한 주식인수 시 주주의 확정(2) _ 모고(2018/1차) ··············· 100 038 타인명의에 의한 주식인수 시 주주의 확정(3) _ 모고(2019/2차) ··············· 104 039 주주명부의 면책적 효력 _ 변시12회(2023) ······················································ 107 040 실기주의 처리 _ 모고(2011) ················································································ 110 041 명의개서의 부당거절 _ 모고(2020/1차) ····························································· 113 042 주권발행 전의 주식양도(1) _ 모고(2019/1차) ················································· 118 043 주권발행 전의 주식양도(2) _ 변시12회(2023) ················································ 121 044 주권발행 전 주식의 이중양도(3) _ 모고(2015/3차) ······································· 123 045 주권발행 전 주식의 이중양도(4) _ 모고(2016/3차) ······································· 126 046 주식병합과 주권발행 전 주식양도 _ 모고(2014/3차) ····································· 129 047 자기주식취득(1) _ 모고(2013/3차) ····································································· 133 048 자기주식취득(2) _ 모고(2016/3차) ····································································· 136 049 자기주식취득(3) _ 모고(2020/2차) ····································································· 140 050 자회사의 모회사 주식취득의 금지, 주권발행 전의 주식양도 _ 모고(2021/2차) 143 051 정관에 의한 주식양도의 제한(1) _ 모고(2013/1차) ······································· 146 052 정관에 의한 주식양도의 제한(2) _ 모고(2016/1차) ······································· 149053 정관에 의한 주식양도의 제한(3) _ 모고(2019/2차) ······································· 152 054 정관에 의한 주식양도의 제한(4) _ 모고(2022/2차) ······································· 155 055 주주총회 소집의 철회 _ 모고(2012/2차) ··························································· 160 056 의결권의 제한 _ 모고(2014/3차) ········································································· 167 057 상호주의 의결권 제한(1) _ 모고(2017/1차) ····················································· 172 058 상호주의 의결권 제한(2) _ 모고(2020/3차) ····················································· 176 059 의결권의 대리행사(1) _ 변시2회(2013) ···························································· 178 060 의결권의 대리행사(2) _ 모고(2020/3차) ··························································· 183 061 중요한 영업용 재산의 양도 시 주주총회 특별결의의 요부(1) _ 모고(2013/2차) 186 062 중요한 영업용 재산의 양도 시 주주총회 특별결의의 요부(2) _ 모고(2017/1차) 189 063 중요한 영업용 재산의 양도 시 주주총회 특별결의의 요부(3) _ 모고(2019/2차) 194 064 간이영업양도 _ 변시10회(2021) ·········································································· 198 065 결의반대주주의 주식매수청구권 _ 모고(2015/1차) ········································· 202 066 주주제안권, 결의반대주주의 주식매수청구권 _ 변시8회(2019) ··················· 206 067 주주제안권, 집중투표제 _ 변시9회(2020) ························································· 211 068 주주총회결의의 하자(1) _ 모고(2015/3차) ······················································· 215 069 주주총회결의의 하자(2) _ 변시1회(2012) ························································ 219 070 주주총회결의의 하자(3) _ 모고(2019/1차) ······················································· 223 071 주주총회결의의 하자(4) _ 변시10회(2021) ······················································ 227 072 주주총회결의의 하자(5) _ 모고(2021/1차) ······················································· 235 073 주주총회결의 관련 소송과 소송물 _ 모고(2017/2차) ····································· 241 074 주주의 확정, 주주총회결의 관련 소송과 소송물 _ 모고(2018/2차) ············ 244 075 합병승인결의의 하자와 이를 다투는 방법 _ 모고(2015/1차) ······················· 250 076 종류주주총회 _ 모고(2018/3차) ··········································································· 254 077 집중투표제 _ 모고(2023/2차) ··············································································· 258 078 이사해임 시 회사의 손해배상책임(1) _ 모고(2015/3차) ······························· 263 079 이사해임 시 회사의 손해배상책임(2) _ 모고(2018/3차) ······························· 266080 감사해임 시 회사의 손해배상책임(1) _ 모고(2014/2차) ······························· 269 081 감사해임 시 회사의 손해배상책임(2) _ 모고(2015/1차) ······························· 272 082 이사해임의 소(1) _ 모고(2013/1차) ··································································· 275 083 이사해임의 소(2) _ 모고(2021/1차) ··································································· 280 084 이사의 보수(1) _ 변시8회(2019) ········································································ 282 085 이사의 보수(2) _ 모고(2019/3차) ······································································· 285 086 이사회 소집절차, 자기거래 _ 변시4회(2015) ··················································· 289 087 이사회결의 및 주주총회결의의 하자 _ 모고(2016/2차) ································· 293 088 이사회결의 _ 모고(2022/2차) ··············································································· 298 089 공동대표이사제도의 폐지가 주주총회 특별의결사항인지 여부 _ 모고(2015/3차) 301 090 전단적 대표행위, 대표권 남용(1) _ 변시4회(2015) ······································· 303 091 전단적 대표행위, 대표권 남용(2) _ 모고(2018/2차) ······································ 307 092 전단적 대표행위, 대표권 남용(3) _ 모고(2022/1차) ······································ 311 093 전단적 대표행위(1) _ 모고(2015/3차) ······························································· 314 094 전단적 대표행위(2) _ 모고(2018/3차) ······························································· 316 095 전단적 대표행위(3) _ 모고(2022/3차) ······························································· 319 096 전단적 대표행위(4) _ 모고(2023/3차) ······························································· 322 097 퇴임이사, 이사회의 권한, 전단적 대표행위 _ 모고(2021/2차) ····················· 325 098 이사회결의의 하자가 합병계약의 효력에 미치는 영향 _ 모고(2015/1차) · 329 099 공동대표권의 포괄적 위임 _ 변시6회(2017) ···················································· 333 100 공동대표이사, 표현대표이사 등 _ 모고(2023/1차) ·········································· 339 101 표현대표이사, 부실등기의 효력(1) _ 변시1회(2012) ····································· 344 102 표현대표이사, 부실등기의 효력(2) _ 모고(2016/1차) ···································· 348 103 표현대표이사, 부실등기의 효력(3) _ 모고(2015/2차) ···································· 353 104 경영판단의 법칙, 대표소송 _ 변시5회(2016) ··················································· 358 105 경영판단의 원칙, 감시의무 _ 모고(2020/2차) ·················································· 362 106 감시의무 _ 모고(2022/3차) ··················································································· 368107 경업피지의무(1) _ 변시12회(2023) ···································································· 371 108 경업피지의무(2) _ 모고(2019/3차) ····································································· 374 109 경업피지의무, 회사기회유용금지의무 _ 모고(2019/3차) ································ 377 110 경업피지의무, 감시의무 _ 변시3회(2014) ························································· 385 111 경업피지의무, 자기거래금지의무, 회사기회유용금지의무 _ 모고(2021/1차) 390 112 자기거래(1) _ 모고(2020/1차) ············································································· 395 113 자기거래(2) _ 변시3회(2014) ·············································································· 399 114 자기거래(3) _ 변시5회(2016) ·············································································· 404 115 자기거래(4) _ 모고(2017/3차) ············································································· 407 116 자기거래(5) _ 변시7회(2018) ·············································································· 410 117 자기거래(6) _ 모고(2014/1차) ············································································· 414 118 자기거래(7) _ 모고(2016/1차) ············································································· 419 119 자기거래(8) _ 모고(2019/2차) ············································································· 422 120 자기거래(9) _ 모고(2021/1차) ············································································· 427 121 자기거래(10) _ 모고(2022/1차) ··········································································· 430 122 회사기회유용금지의무, 감시의무 _ 모고(2016/3차) ········································ 432 123 이사의 회사에 대한 책임(1) _ 모고(2011) ····················································· 436 124 이사의 회사에 대한 책임(2) _ 변시12회(2023) ·············································· 439 125 이사의 제3자에 대한 책임(1) _ 모고(2012/3차) ············································· 441 126 이사의 제3자에 대한 책임(2) _ 모고(2014/1차) ············································· 445 127 이사의 제3자에 대한 책임(3) _ 모고(2015/2차) ············································· 448 128 이사의 제3자에 대한 책임(4) _ 변시9회(2020) ·············································· 451 129 업무집행관여자의 책임 _ 변시1회(2012) ·························································· 453 130 대표소송(1) _ 모고(2012/3차) ············································································· 456 131 대표소송(2) _ 모고(2013/2차) ············································································· 461 132 대표소송(3) _ 모고(2014/1차) ············································································· 465 133 대표소송(4) _ 모고(2015/2차) ············································································· 469134 대표소송(5) _ 모고(2016/2차) ············································································· 473 135 대표소송(6) _ 모고(2022/1차) ············································································· 478 136 대표소송(7) _ 모고(2022/3차) ············································································· 480 137 대표소송(8) _ 모고(2023/2차) ············································································· 485 138 대표소송, 업무집행관여자의 책임, 전환사채발행의 적법성 _ 변시11회(2022) 489 139 소수주주의 대표이사에 대한 책임 추궁 방법 _ 모고(2017/3차) ················· 495 140 신주인수권의 양도 _ 변시4회(2015) ·································································· 500 141 주권발행 전 주식양도의 효력, 신주인수권의 양도 _ 모고(2018/1차) ········ 503 142 신주발행절차 _ 모고(2021/3차) ··········································································· 507 143 신주발행 시 상계에 의한 주금납입 _ 변시2회(2013) ···································· 510 144 신주인수인의 납입해태 시 회사의 조치 _ 변시4회(2015) ···························· 512 145 실권주의 처분 _ 변시13회(2024) ········································································ 515 146 신주발행의 하자와 이를 다투는 방법(1) _ 변시7회(2018) ·························· 517 147 신주발행의 하자와 이를 다투는 방법(2) _ 모고(2015/2차) ························· 519 148 신주발행의 하자와 이를 다투는 방법(3) _ 변시2회(2013) ·························· 525 149 신주발행의 하자와 이를 다투는 방법(4) _ 모고(2014/2차) ························· 529 150 신주발행의 하자와 이를 다투는 방법(5) _ 모고(2021/2차) ························· 534 151 주식병합, 자본금 감소(1) _ 모고(2021/2차) ···················································· 538 152 주식병합, 자본금 감소(2) _ 변시13회(2024) ··················································· 541 153 제3자에 대한 전환사채발행 _ 모고(2011) ······················································· 546 154 전환사채발행의 하자와 이를 다투는 방법(1) _ 모고(2014/2차) ················· 549 155 전환사채발행의 하자와 이를 다투는 방법(2) _ 모고(2017/1차) ················· 555 156 전환사채발행의 하자와 이를 다투는 방법(3) _ 모고(2020/1차) ················· 560 157 전환사채발행의 하자와 이를 다투는 방법(4) _ 모고(2023/1차) ················· 566 158 신주인수권부사채 발행의 하자와 이를 다투는 방법 _ 변시9회(2020) ······ 573 159 이익배당청구권 _ 모고(2023/2차) ······································································· 579 160 위법배당금에 대한 채권자의 반환청구권 _ 변시5회(2016) ·························· 582161 중간배당, 위법배당금에 대한 채권자의 반환청구권 _ 모고(2023/3차) ······ 586 162 회계장부 열람·등사권(1) _ 모고(2011) ··························································· 591 163 회계장부 열람·등사권(2) _ 변시6회(2017) ······················································ 593 164 회계장부 열람·등사권(3) _ 변시13회(2024) ···················································· 596 165 간이합병, 소규모합병 _ 모고(2013/1차) ···························································· 599 166 소규모합병, 합병비율의 불공정 _ 모고(2016/2차) ·········································· 602 167 물적 분할 _ 변시9회(2020) ·················································································· 605 168 분할 전 분할회사의 채무에 대한 책임관계 _ 변시7회(2018) ······················ 607 169 분할합병 전 분할회사 채무에 대한 책임관계 _ 모고(2020/3차) ················· 610 170 분할합병 관련 문제 _ 모고(2013/3차) ······························································· 613 171 회사 분할 시 반대주주의 주식매수청구권 인정 여부 _ 모고(2017/2차) ··· 620 172 지배주주의 주식매도청구권 _ 변시12회(2023) ················································ 622 173 소수주주의 주식매수청구권(1) _ 모고(2013/1차) ··········································· 625 174 소수주주의 주식매수청구권(2) _ 모고(2018/2차) ··········································· 627 175 소수주주의 주식매수청구권(3) _ 변시10회(2021) ·········································· 630 176 어음행위에 대한 표현책임 _ 모고(2022/2차) ··················································· 632 177 어음의 위조 _ 모고(2017/3차) ············································································· 635 178 어음의 위조, 어음행위독립의 원칙 _ 변시10회(2021) ··································· 638 179 어음의 변조 _ 모고(2014/2차) ············································································· 642 180 어음의 변조, 인적항변의 절단 _ 모고(2021/1차) ············································ 644 181 어음항변(1) _ 변시13회고(2024) ········································································· 648 182 어음항변(2) _ 모고(2018/3차) ············································································· 650 183 융통어음의 항변, 채권자보호절차 _ 변시8회(2019) ······································· 653 184 어음의 실질관계, 추심위임배서 _ 변시11회(2022) ········································· 655 185 백지어음, 이중무권의 항변 _ 모고(2020/3차) ·················································· 659 186 백지어음의 부당보충 등 _ 모고(2023/3차) ······················································· 662 187 어음의 선의취득 _ 모고(2017/3차) ····································································· 666188 배서금지배서 _ 변시12회(2023) ·········································································· 668 189 기한후배서(1) _ 모고(2019/1차) ········································································· 670 190 기한후배서(2) _ 모고(2022/2차) ········································································· 672 191 선일자수표 _ 모고(2021/3차) ··············································································· 675 192 고지의무 등 _ 모고(2023/2차) ············································································· 677 193 제3자의 직접청구권 _ 모고(2022/1차) ······························································· 680 194 타인의 사망보험 _ 모고(2023/1차) ····································································· 683 · 판례색인 ···························································································································· 685 |
저자 소개 1
연세대학교 법과대학 법학과, 연세대학교 행정대학원을 졸업하였으며 제46회 사법시험에 합격했다. 이그잼경영아카데미 상법 전임 교수로 활동했고 현재 이정엽 법률사무소를 운영하고, 해커스 경영아카데미 상법 전임 교수, 메가로이어스 상법 전임 교수를 역임 중이다.
이정엽의 다른 상품
품목정보
- 발행일
- 2024년 03월 15일
- 쪽수, 무게, 크기
- 684쪽 | 188*257*35mm
- ISBN13
- 9791192685205
출판사 리뷰
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이 책은 변호사시험과 법전협 모의고사에 출제된 상법 사례형 문제에 대한 저자의 해설을 담은 책입니다.
이 책의 특징은 다음과 같습니다. 첫째, 해설은 사례 해결을 위해 반드시 필요한 내용만을 다뤘습니다. 쟁점 파악, 법리 서술 등에서 사례 해결에 필요한 내용의 누락이 없도록 하였고, 이와 더불어 사례 해결에 직접적으로 필요하지 않은 내용은 철저히 배제하였습니다. 사례형 문제풀이는 쟁점을 찾아내고 해당 쟁점과 관련된 법리를 서술한 후 사실관계를 해당 법리에 적용한 결론을 도출하는 방식으로 이루어집니다. 그런데 기존의 사례형 기출 해설서를 보면 법리 서술 부분에서 해당 쟁점에 관한 교과서의 해당부분을 주변 내용까지 포함하여 투망식으로 긁어 붙이듯 옮겨 놓는 경우를 자주 볼 수 있습니다. 이렇게 해설에 쟁점과 무관한 주변 법리까지 서술되어 있으면 독자의 입장에서는 사안의 결론이 주변 법리를 적용한 결과인 것처럼 오해를 할 수도 있고, 그렇지 않더라도 “주변 법리는 도대체 이 사례와 무슨 관련이 있길래 서술해 놓은 것인가”하는 혼란에 빠질 수도 있습니다. 그래서 이 책에서는 독자들의 위와 같은 오해와 혼란을 방지하기 위해 사례 해결에 꼭 필요한 내용만을 엄선하여 서술하였습니다. 또 이는 이 책의 정체성이 기본서의 아류가 아니라 사례형 문제풀이에 대한 안내서임을 분명히 하기 위함이기도 합니다. 둘째, 교과서식 법리 서술은 필요한 범위에서 최소한으로 줄이고 사실관계를 법리에 포섭하는 과정과 그 결과에 관한 서술[예) 사안의 해결, 소결론 등]을 최대한 충실하게 하였습니다. 논술형과 달리 사례형 문제풀이에서는 사실관계를 법리에 적용하여 결론을 도출하는 과정이 중요하기 때문입니다. 셋째, 사례의 결론은 대부분 판례에 따라 내렸습니다. 변호사시험은 실무가를 선발하는 시험인데, 소송실무에서의 결론은 판례 변경이 이루어지는 극히 예외적인 경우를 제외하고는 대부분 판례에 따라 내려지기 때문입니다. 그동안의 출제경향을 보아도 판례에 따른 결론이 중요함을 알 수 있습니다. 기출문제를 보면 거의 대부분 판례가 나와 있는 테마에서 출제가 되었습니다. 사례형 문제를 출제하면서 굳이 판례가 나와 있는 테마를 골라 출제하였다면 이는 해당 사례를 판례에 적용했을 때의 결론을 묻고자 함이라고 봐야할 것입니다. 넷째, 법전협 모의고사 문제는 어떤 법리를 적용할지와 법리를 적용한 결론이 어떠한지에 있어서 채점기준표와 내용이 다른 경우가 상당 부분 있습니다. 사례형 문제에 대한 해설은 단 하나의 정답만이 있을 수는 없습니다. 실제 재판에서 동일한 주장과 증거를 놓고도 심급별로 판결의 결론이 다를 수 있고 동일 심급의 법원에서도 판사 별로 의견이 다를 수 있는 것처럼 사례형 문제의 해설 역시 이를 작성하는 사람별로 내용에서 다소 차이가 있을 수 있습니다. 이 책은 저자의 해설을 담은 책이므로 저자의 생각이 채점기준표 내용과 다른 경우에는 저자의 생각에 따라 해설을 작성하였습니다. 다만 채점기준표를 일응 정답이라고 생각하고 있는 독자들의 불안감 해소를 위하여 위와 같은 경우에는 각주에 채점기준표의 설명 내용과 그 설명이 부당한 이유에 대한 저자의 생각을 명시해 놓았습니다. 이 책의 해설이든 채점기준표의 해설이든 해당 문제에 대한 유일한 정답일 수는 없습니다. 독자들에게 그룹스터디 등을 통하여 위 둘을 서로 비교하면서 비판적으로 공부해 보시기를 권장해 드립니다. 상법 실력 배양에 큰 도움이 될 것입니다. 이 책이 독자들의 변호사시험 합격에 작으나마 도움이 될 수 있기를 기원합니다. 변호사 이 정 엽 |
