수인이 제기한 주주총회결의하자소송의 공동소송형태-대법원 2021. 7. 22. 선고 2020다284977 전원합의체 판결을 소재로-

The Supreme Court(sentenced on July 22, 2021, 2020da284977) recently made an important decision on how to determine the type of joint litigation when several people filed a lawsuit for defects in a resolution at the general shareholders' meeting. Since the winning judgment has effect on the third party, the necessity of the consolidated decision among the joint litigants is recognized when several people file a lawsuit together. The rules of exclusive jurisdiction and combined trial of the Commercial Act on company-related litigation are premised on the consolidated decision among the joint litigants. In addition, it is necessary to consider the intentions of the parties and the economy of litigation. As a result, the majority opinion is that if several people file a lawsuit against the resolution of the general meeting of shareholders together, it is a similar indispensible joint litigation. In general similar indispensible joint litigation cases, not only winning but also losing judgments take effect against a third party. However, in litigation against defects in the resolution of the general meeting of shareholders, only the winning judgment takes effect on a third party, and the legal relationship of collective law can be reorganized according to the winning judgment. Therefore, the necessity of the consolidated decision cannot be recognized. Rather, the economy of litigation can be promoted when the right to dispose of the litigation of the parties is faithfully guaranteed. Therefore, lawsuits against defects in resolutions at the general meeting of shareholders brought together by several people should be regarded as ordinary joint litigation. As a result, the problem of different judgments among joint litigants can be resolved by the court exercising the litigation command or applying the principle of common evidence.