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Main Issues
Whether a shareholder of a shareholder representative lawsuit can become an execution creditor (affirmative)
Summary of Decision
Since the executive force of a final and conclusive judgment rendered by a person who became a plaintiff for another person, such as a shareholder of a shareholder representative lawsuit, is limited to both the plaintiff who became a party to the final and conclusive judgment and all other persons who are parties to the final and conclusive judgment, the shareholder of
[Reference Provisions]
Article 403 of the Commercial Act, Article 25 of the Civil Execution Act
Creditor, Other Party
Creditors
Debtor, Re-Appellant
The debtor
Judgment of the lower court
Daejeon District Court Order 2013Ra667 dated October 25, 2013
Text
The reappeal is dismissed.
Reasons
The grounds of reappeal are examined.
Since the executive force of a final and conclusive judgment rendered by a person who became a plaintiff for another person, such as a shareholder of a shareholder representative lawsuit, is limited to both the plaintiff and the other person who became a party to the final and conclusive judgment, the shareholder of a shareholder representative lawsuit may become an executive creditor.
The court below acknowledged the fact that the creditor, who is the shareholder of Seocho Sea Development Corporation, filed a lawsuit claiming damages against the debtor who is the representative director of the above company through a shareholder representative lawsuit against the above company, and the debtor was declared to pay the damages to the above company, and determined that the creditor, as the plaintiff of the above final judgment, is qualified as the execution creditor who is entitled to apply for the seizure and assignment order of the claim of this case against
In light of the above legal principles, the judgment of the court below is just, and there is no error in the misapprehension of legal principles as to the qualification of execution creditor.
Therefore, the re-appeal by the obligor is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Park Poe-young (Presiding Justice)