주주총회결의무효 및 부존재확인판결의 효력 －소의 법적 성격과 관련하여－

A final and conclusive judgment shall be binding on the parties in civil litigation(Civil Procedure Act Article 218(1)). But the judgment affirming nullity and non-existence of resolution(Commercial Act Article 380) shall be effective against any third person. Because Commercial Act Article 190 (the main sentence) shall apply mutatis mutandis in action for affirming nullity and non-existence of resolution. This is the exceptions of res judicata. Therefore, as compared with the effect of res judicata in Civil Procedure Act, we need to examine the judgment affirming nullity and non-existence of resolution in details. In this paper, I examine res judicata and I compare the judgment affirming nullity with the judgment non-existence of resolution.