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2023 회계사 객관식 상법

2023 회계사 객관식 상법 제10판

  • 문승진
  • |
  • 법학사
  • |
  • 2022-11-17 출간
  • |
  • 724페이지
  • |
  • 188x257x40mm /1376g
  • |
  • ISBN 9791162218174
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42,000원

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출판사서평

 2023년판(제10판) 머리말

『회계사 객관식 상법』 교재를 출간한 이래 제10판에 이르렀습니다. 그동안 시행착오를 겪기도 하였으나 어느 정도 강의교재로서의 틀을 잡을 수 있게 되었으며 제가 수험생 여러분에게 전달하고자 하는 내용을 담을 수 있게 되었습니다.

 

개정판(제10판)은 조문ㆍ판례정리 부분에 2022년도에 시행된 회계사시험을 포함한 각종 시험에 출제된 판례를 추가하고 그리고 핵심문제 부분에 2022년도 시행 회계사시험 기출문제를 추가 수록하였습니다.

 

이번『2023년판(제10판) 회계사 객관식 상법』을 작업하면서 중점을 둔 부분은 다음과 같습니다.

 

1. 판례의 추가

최근 각종 시험에서 판례의 출제비중이 급격하게 증가함에 따라 조문 및 판례 정리 부분에 2022년도 회계사 시험을 포함한 각종 시험에 출제된 아래의 판례를 추가하였습니다.

 

추가한 판례는 다음과 같습니다.

 

명의대여자책임(대법원 1988. 2. 9. 선고 87다카1304 판결), 상환주식(대법원 2020. 4. 9. 선고 2017다251564 판결), 주식의 질권설정(대법원 2017. 8. 18. 2015다5569 판결), 이사의 임기(대법원 2001. 6. 15. 선고 2001다23928 판결), 이사ㆍ감사의 보수청구(대법원 2015. 9. 10. 선고 2015다213308 판결), 이사회에 출석하여 결의에 기권한 이사의 책임(대법원 2019. 5. 16. 선고 2016다260455 판결), 주주의 대표소송에 있어서 회사의 참가는 공동소송참가를 의미(대법원 2002. 3. 15. 선고 2000다9086 판결), 약속어음에서 지급장소(대법원 1970. 7. 24. 선고 70다965 판결).

 

2. 2022년도 시행 회계사시험 기출문제 추가, 개정 상법과 변경된 판례에 따른 기존 기출문제의 수정 및 새로운 문제 추가, 중복된 내용의 문제 삭제

 

2022년도에 시행된 회계사시험의 기출문제를 추가하였으며, 개정 상법과 변경된 판례에 따라 기존의 기출문제를 수정하였고 새로운 문제를 추가하였습니다. 그리고 내용상 중복되는 문제들은 삭제하여 효율적으로 공부할 수 있도록 하였습니다.

 

이 책의 출간을 위하여 고생하신 법학사 이재철 사장님께 깊은 감사를 드립니다. 아무쪼록 이 책이 수험생 여러분의 힘든 수험생활의 여정에서 조금이라도 시간과 노력을 단축하는데 도움이 되기를 바라며, 여러분 모두의 시험 합격을 진심으로 기원합니다.

 

2022년 11월 11일

편저자 문승진 드림

목차


제1편 총 칙 / 1
제1장 통 칙 ······················································································································ 3
v핵심문제 ···························································································································· 4
제2장 상 인 ······················································································································ 6
v핵심문제 ·························································································································· 10
제3장 상업사용인 ··········································································································· 13
v핵심문제 ·························································································································· 17
제4장 상 호 ···················································································································· 26
v핵심문제 ·························································································································· 31
제5장 상업장부 ·············································································································· 39
v핵심문제 ·························································································································· 40
제6장 상업등기 ·············································································································· 42
v핵심문제 ·························································································································· 44
제7장 영업양도 ·············································································································· 49
v핵심문제 ·························································································································· 53
제2편 상행위 / 59
제1장 통 칙 ···················································································································· 61
v핵심문제 ·························································································································· 69
제2장 상사매매 ············································································································ 84
v핵심문제 ·························································································································· 86
제3장 상호계산 ·············································································································· 90
v핵심문제 ·························································································································· 91
제4장 익명조합 ·············································································································· 93
v핵심문제 ·························································································································· 95
제5장 합자조합 ·············································································································· 97
v핵심문제 ························································································································ 100
제6장 대리상 ················································································································ 103
v핵심문제 ························································································································ 105
제7장 중개업 ·············································································································· 108
v핵심문제 ························································································································ 110
제8장 위탁매매업, 준위탁매매인 ················································································ 113
v핵심문제 ························································································································ 116
제9장 운송주선업 ········································································································· 121
v핵심문제 ························································································································ 123
제10장 운송업 ·············································································································· 126
제1절 물건운송 ·········································································································126
제2절 여객운송 ·········································································································130
v핵심문제 ························································································································ 131
제11장 공중접객업 ······································································································· 138
v핵심문제 ························································································································ 140
제12장 창고업 ·············································································································· 142
v핵심문제 ························································································································ 145
제13장 새로운 상행위 ································································································· 147
제1절 금융리스업 ·····································································································147
제2절 가맹업 ·············································································································149
제3절 채권매입업 ·····································································································150
v핵심문제 ························································································································ 151
제3편 회사법 / 157
제1장 통 칙 ················································································································· 159
제1절 서 론 ············································································································159
제1 회사의 개념 ·············································································································· 159
제2 회사의 종류(제170조) ································································································· 160
제3 회사의 성립(제172조) ······························································································· 161
제4 권리능력의 제한(제173조) ························································································· 161
v핵심문제 ························································································································ 162
제2절 회사의 합병 ···································································································170
v핵심문제 ························································································································ 174
제3절 주식회사의 분할 ····························································································184
v핵심문제 ························································································································ 187
제4절 회사의 조직변경 ····························································································192
v핵심문제 ························································································································ 193
제5절 회사의 해산 해산명령 및 판결 계속 ···························································195
v핵심문제 ························································································································ 197
제6절 회사의 청산 ···································································································201
제1 청산인의 선임 및 해임 ···························································································· 201
제2 주식회사의 청산절차 ································································································ 201
v핵심문제 ························································································································ 203
제2장 주식회사 ············································································································ 206
제1절 주식회사의 설립 ····························································································206
v핵심문제 ························································································································ 217
제2절 주식과 주주 ···································································································233
제1관 주식의 의의 및 종류 ······························································································· 233
v핵심문제 ························································································································ 236
제2관 주 주 ······················································································································· 245
v핵심문제 ························································································································ 246
제3관 주권과 주주명부 ······································································································ 248
v핵심문제 ························································································································ 252
제4관 주식의 양도 ············································································································· 257
v핵심문제 ························································································································ 262
제5관 주식양도의 방법 및 명의개서 ················································································· 270
제1 주권의 교부 및 명의개서 ························································································· 270
제2 주권의 상실과 선의취득 ························································································· 272
v핵심문제 ························································································································ 273
제6관 주식의 담보 ············································································································· 280
v핵심문제 ························································································································ 282
제7관 주식매수선택권 ········································································································ 285
v핵심문제 ························································································································ 286
제8관 주식의 분할 및 소각 ······························································································· 287
v핵심문제 ························································································································ 288
제9관 주식의 포괄적 교환 및 이전 ·················································································· 291
제1 주식의 포괄적 교환 ·································································································· 291
제2 주식의 포괄적 이전 ·································································································· 294
v핵심문제 ························································································································ 295
제10관 지배주주에 의한 주식의 전부취득 ········································································ 299
v핵심문제 ························································································································ 301
제3절 기 관 ··············································································································304
제1관 주주총회(기본사항의 의결기관) ······················································································ 304
제1 소 집 ························································································································· 304
v핵심문제 ························································································································ 306
제2 주주제안권 ················································································································ 309
v핵심문제 ························································································································ 310
제3 결의사항 ···················································································································· 312
v핵심문제 ························································································································ 314
제4 의사와 결의 ·············································································································· 318
v핵심문제 ························································································································ 323
제5 결의반대주주의 주식매수청구권 ··············································································· 336
v핵심문제 ························································································································ 337
제6 종류주주총회 ············································································································· 341
v핵심문제 ························································································································ 342
제7 주주총회결의의 하자 ································································································ 345
v핵심문제 ························································································································ 349
제2관 이사 이사회 대표이사 집행임원 ············································································· 356
제1 이 사 ························································································································· 356
v핵심문제 ························································································································ 362
제2 이사회 ······················································································································· 372
v핵심문제 ························································································································ 376
제3 대표이사 ···················································································································· 382
v핵심문제 ························································································································ 386
제4 집행임원 ···················································································································· 393
v핵심문제 ························································································································ 395
제5 이사의 의무 ·············································································································· 398
v핵심문제 ························································································································ 401
제6 이사의 책임 ·············································································································· 413
v핵심문제 ························································································································ 416
제7 이사의 업무집행에 대한 주주의 직접감독 ······························································ 428
v핵심문제 ························································································································ 431
제3관 감사 감사위원회 ······································································································ 439
제1 감 사 ························································································································· 439
제2 감사위원회(제415조의2) ······························································································· 441
v핵심문제 ························································································································ 442
제4절 상장회사에 대한 특례 ···················································································448
v핵심문제 ························································································································ 455
제5절 자본금의 증감 ································································································468
제1관 자본금의 증가 ·········································································································· 468
제1 보통의 신주발행 ······································································································· 468
제2 특수한 신주발행 ······································································································· 472
v핵심문제 ························································································································ 473
제2관 자본금의 감소 ·········································································································· 485
v핵심문제 ························································································································ 487
제6절 정관의 변경 ···································································································491
v핵심문제 ························································································································ 492
제7절 회사의 회계 ···································································································494
제1 결산절차 ···················································································································· 494
v핵심문제 ························································································································ 496
제2 자본금과 준비금 ······································································································· 498
v핵심문제 ························································································································ 500
제3 이익배당 ···················································································································· 504
v핵심문제 ························································································································ 506
제4 주주의 경리감독권 ···································································································· 511
v핵심문제 ························································································································ 513
제8절 사 채 ··············································································································519
제1관 일반사채 ··················································································································· 519
v핵심문제 ························································································································ 522
제2관 사채권자집회 ············································································································ 526
v핵심문제 ························································································································ 528
제3관 특수사채 ·················································································································· 530
제1 전환사채 ···················································································································· 530
제2 신주인수권부사채 ······································································································ 531
v핵심문제 ························································································································ 534
제3장 합명회사 ············································································································ 542
제1절 설 립 ··············································································································542
제2절 회사의 내부관계 ····························································································544
제3절 회사의 외부관계 ····························································································546
제4절 사원의 퇴사 ···································································································547
v핵심문제 ························································································································ 549
제4장 합자회사 ············································································································ 555
v핵심문제 ························································································································ 558
제5장 유한책임회사 ····································································································· 564
제1절 설 립 ··············································································································564
제2절 유한책임회사의 내부관계 ··············································································565
제3절 유한책임회사의 외부관계 ··············································································566
제4절 사원의 가입 및 탈퇴 ·····················································································567
제5절 회계 등 ···········································································································567
v핵심문제 ························································································································ 568
제6장 유한회사 ············································································································ 573
제1절 설 립 ··············································································································574
제2절 사원의 권리의무 ····························································································575
제3절 회사의 관리 ···································································································576
제4절 정관의 변경 ···································································································578
v핵심문제 ························································································································ 579
제7장 외국회사 ············································································································ 587
v핵심문제 ························································································································ 589
제4편 어음법.수표법 / 591
제1장 어음법.수표법 총론 ·························································································· 593
제1절 어음행위 ·········································································································593
제1 어음행위의 성립요건 ································································································ 593
제2 어음행위의 특성 ······································································································· 595
v핵심문제 ························································································································ 596
제2절 어음행위의 대리(대표) ·····················································································601
v핵심문제 ························································································································ 602
제3절 어음의 위조와 변조 ·······················································································606
제1 어음의 위조 ·············································································································· 606
제2 어음의 변조 ·············································································································· 607
v핵심문제 ························································································································ 609
제4절 백지어음 ·········································································································615
v핵심문제 ························································································································ 619
제5절 어음의 실질관계 ····························································································627
v핵심문제 ························································································································ 629
제2장 어음법.수표법 각론 ·························································································· 634
제1절 어음상의 권리의 발생(어음의 발행) ···································································634
제1 어음의 발행 ·············································································································· 634
v핵심문제 ························································································································ 642
제2 인 수(환어음) ·············································································································· 657
v핵심문제 ························································································································ 660
제2절 어음상의 권리의 이전 ···················································································665
제1 배서의 의의 ·············································································································· 665
제2 배서의 기재사항 ······································································································· 666
v핵심문제 ························································································································ 667
제3 배서의 효력 ·············································································································· 670
제4 자격수여적 효력 및 선의취득 ·················································································· 671
v핵심문제 ························································································································ 673
제5 특수배서 ···················································································································· 679
v핵심문제 ························································································································ 683
제6 어음의 상실(공시최고와 제권판결) ················································································· 696
v핵심문제 ························································································································ 697
제3절 어음상의 권리의 행사 ···················································································699
제1 지급제시 ···················································································································· 699
제2 지 급 ························································································································· 700
v핵심문제 ························································································································ 702
제3 상환청구 ···················································································································· 710
v핵심문제 ························································································································ 712
제4 어음항변(어 제17조, 수 제22조) ···················································································· 719
v핵심문제 ························································································································ 720
제4절 어음시효 및 이득상환청구권 ········································································724
제1 어음시효 ···················································································································· 724
v핵심문제 ························································································································ 725
제2 이득상환청구권 ········································································································· 728
v핵심문제 ························································································································ 730
제5절 기타의 제도 ···································································································734
제1 어음보증 ···················································································································· 734
v핵심문제 ························································································································ 736
제2 복본과 등본 ·············································································································· 739
v핵심문제 ························································································································ 740
제6절 수표에 특유한 제도 ·······················································································742
제1 지급제시기간 등 ······································································································· 742
v핵심문제 ························································································································ 745
제2 지급보증(실무상으로는 금지) ·························································································· 750
v핵심문제 ························································································································ 751
제3 특수한 수표 ·············································································································· 754
[1] 횡선수표 ··················································································································· 754
v핵심문제 ························································································································ 755
[2] 선일자수표 ··············································································································· 757
v핵심문제 ························································································································ 758

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