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『로스쿨 상법사례』 제4판을 출간하며
로스쿨 상법사례 의 제3판이 출판된 지 정확히 1년 만에 제4판을 출간하게 되었습니다. 갈수록 경쟁이 치열해지는 변호사시험 준비 열기에 비례하여 상법 사례형 시험에서의 고득점을 목표로 준비하는 분위기가 형성되었습니다.
이에 편저자는 전판에서 다루지 않았거나 미진했던 몇 가지 쟁점 및 최신판례(2015년 5월까지) 등을 추가·보완하고, 보험법 등 최근 개정법에 따른 내용을 반영하기 위하여 제4판을 다시 출간하게 되었습니다. 또한 본서의 출간 이후 치러진 제4회 변호사시험 기출문제의 상세한 해설과 더불어 수험생들의 요청에 따라 최근 8개년 사법시험 회사법 분야의 출제문제에 대한 압축해설(요해)을 부록으로 실었습니다.
추가된 사례는 다음과 같습니다.
사례 6번 뒤 <유제> [상호속용양수인의 책임-서울종합예술원 사건] 추가
사례 7번 [상사유치권] 수정
사례 15번 [명의개서의 효력, 주권발행 전 주식양도, 상호주] 추가
<유제> [주주명부의 효력, 실기주] 수정
사례 16번 [주권발행 전 주식의 이중양도] 추가
<사시기출요해> [주권발행 전 주식양도] 위치 및 내용 수정
사례 21번 <유제> [주주총회결의하자, 주식매수선택권] 수정
사례 27번 [개시의무, 경업피지의무, 경영판단의 원칙] 수정
사례 28번 [합병, 신주발행의 하자, 이사의 직무대행] 보완
사례 30번 [현물출자와 신주인수권] 수정
<제4회 변시기출문제 해설>
사례 39번 [어음행위와 표현대리] 수정
사례 40번 [어음행위와 무권대리] 수정
사례 49번 [융통어음, 엄폐물법칙, 기한후배서] 수정
사례 50번 [약관의 교부·명시의무와 고지의무의 관계] 수정
사례 51번 [보험설계사의 법적 지위, 실효약관, 음주운전면책약관] 수정
사례 54번 <유제> [일부보험의 경우 보험자대위] 추가
사례 57번 [단체보험, 승낙 전 보험사고, 적격피보험체] 추가
부록 사시 회사법 기출문제 요해(2008년~2015년)
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제1편 상법총칙
01 상인자격의 취득시기와 상사매매특칙························································································4
02 보험회사 영업소장 사건···········································································································12
[유제] 부분적 포괄대리권을 가진 사용인과 표현책임 / 18
03 유니텍 전자 사건····················································································································24
04 명의대여자 책임······················································································································34
05 영업양도인의 의무와 상호권···································································································46
06 영업양도와 제3자의 보호········································································································54
[유제] 상호속용양수인의 책임-서울종합예술원 사건 / 59
제2편 상행위
[유제] 상사시효 / 65
07 상사유치권·······························································································································68
08 위탁매매의 법률관계···············································································································76
09 운송인의 손해배상책임, 화물상환증의 효력············································································82
[유제] 화물상환증의 물권적 효력 / 87
제3편 회사법
10 법인격부인론, 사실상 이사의 책임(사시기출)·········································································94
[유제] 사해출자 / 101
11 회사의 권리능력 제한············································································································106
12 설립중회사의 법률관계, 현물출자, 재산인수 등·····································································112
13 가장납입·································································································································122
14 현물출자, 설립비용, 주식인수의 무효·취소·········································································130
15 명의개서의 효력, 주권발행 전 주식양도, 상호주··································································138
[유제] 주주명부의 효력, 실기주 / 149
16 주권발행전 주식의 이중양도··································································································154
[유제] 주권발행 전 주식양도 / 170
17 자기주식취득의 제한··············································································································176
18 주식양도제한과 주권의 선의취득···························································································186
19 주식의 이중양도, 상호주, 집중투표 등··················································································196
20 주주총회 결의 하자(종합)·····································································································204
[유제] 주주총회 소집 절차 / 214
21 주주총회 결의하자와 재량기각······························································································220
[유제] 주주총회 결의하자, 주식매수선택권 / 225
22 종류주주총회·························································································································234
23 이사회결의하자와 대표행위의 효력·······················································································244
24 공동대표이사 중 1인의 대표행위의 효력··············································································250
[기출] 제1회 변시기출문제 해설 / 257
25 영업용 중요재산의 양도와 대표권 남용················································································266
26 이사의 자기거래, 해석상 정관유보························································································276
[유제] 지배주주의 강제매도청구권, 이사의 자기거래 등 / 282
[기출] 제3회 변시기출문제 해설 / 292
27 상계에 의한 주금납입과 신주발행의 효력, 이사의 책임, 주식양도(사시기출 변형)·············302
[유제] 개시의무, 경업피지의무, 경영판단의 원칙 / 310
28 합병, 신주발행의 하자, 이사의 직무대행··············································································318
29 이사의 임기, 신주인수권의 양도와 실권주···········································································336
30 현물출자와 신주인수권··········································································································346
[기출] 변시기출문제 해설 / 354
[기출] 변시기출문제 해설 / 367
31 전환사채발행의 무효·············································································································378
32 위법한 주식배당····················································································································386
33 제3자배정에 의한 신주발행의 유효성, 정관변경, 회계장부열람청구권, 이중대표소송·········394
[유제] 신주발행의 부존재, 이사의 인수담보책임 / 405
제4편 어음 수표법
34 어음상 권리의 선의취득·········································································································412
35 미성년자의 어음행위 ·············································································································422
36 어음이론································································································································430
37 어음항변································································································································438
38 사기에 의한 어음행위의 취소, 변조자의 책임(사시 기출)····················································448
39 어음행위와 표현대리·············································································································454
40 어음행위와 무권대리·············································································································460
41 어음의 배서위조····················································································································468
[유제] 어음위조의 증명책임, 사용자책임 / 477
42 어음의 실질관계와 이행지체·································································································484
43 자기앞수표와 이득상환청구권·······························································································490
44 백지어음에 의한 권리취득과 행사 ························································································500
45 배서의 불연속························································································································514
46 기한후배서····························································································································520
47 숨은 추심위임배서·················································································································528
48 어음보증································································································································534
49 융통어음, 엄폐물법칙, 기한후배서························································································544
제5편 보험법
50 약관의 교부 명시의무와 고지의무의 관계···········································································554
51 보험설계사의 법적 지위, 실효약관, 음주운전면책약관·························································566
52 모형공룡 화재 사건···············································································································576
53 고지의무 위반과 보험사고의 인과관계··················································································586
54 타인을 위한 보험계약과 보험자대위·····················································································592
[유제] 일부보험의 경우 보험자대위 / 595
55 보험목적의 양도로 인한 중복보험························································································600
56 책임보험에 있어서의 제3자의 직접청구권·············································································610
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57 단체보험, 승낙 전 보험사고, 적격피보험체···········································································616
제6편 부록-기출요해
2008 사시기출문제 요해 / 625
2009 사시기출문제 요해 / 632
2010 사시기출문제 요해 / 638
2011 사시기출문제 요해 / 643
2012 사시기출문제 요해 / 646
2013 사시기출문제 요해 / 652
2014 사시기출문제 요해 / 656
2015 사시기출문제 요해 / 667
판례색인 ········································································································································673 |
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