2014년 상법총칙․상행위법 판례의 동향과 분석 -2013년 판례와 함께-

This paper is to analyze the Supreme Court of Korea cases relating to general provision and commercial transaction under the korean commercial act in 2014. The first, a lot of case law are related to the scope of the commercial act. In the case of korea commercial act article 3(unilateral commercial activities) stipulates that If an act of a party, among all related parties, is considered a commercial activity, this Act shall apply to all such parties involved. This case said that even if only the commercial activities of the person that one if one party has a majority in the commercial act shall apply to power. Second, The Korea Supreme Court issued a few precedents regarding the mercantile liens. The Court interpreted that clearly includes the subject matter of this real estate mercantile liens. And to prevent the abuse of lien claim was limited validity to mercantile liens. The Court eventually was interpreted differently by the effects of mercantile liens and civil liens. Third, a person who engages in the business of acting on behalf of a particular merchant, not as a commercial employee of any person but as agent or broker in transactions falling within the same line of business as such merchant, is called a commercial agent(korea commercial act article 87). The Korea Supreme Court has ruled that commercial agent must specify agent in accordance with the substance, not the name. And The Supreme Court ruled that right to request compensation can be applied to infer the provisions of the commercial agent for the dealers. Finally this paper deal with case of liability of persons who have lent their names and case of finance lease.