If a shareholder, etc. who has filed an action to enforce liability wins the suit (including cases of partially winning the suit), and the shareholder has paid the necessary costs (excluding court costs) or is to pay a fee to an attorney, a legal professional corporation, or an attorney and registered foreign joint corporation with respect to the suit relating to the action to enforce liability, the shareholder may demand the relevant stock company, etc. to pay an amount that is found to be reasonable, not exceeding the amount of that costs or the amount of that fee.
Even if a shareholder, etc. who has filed an action to enforce liability loses the case, the shareholder, etc. is not obligated to compensate the relevant stock company, etc. for the damages arising as a result thereof, except when the shareholder, etc. was in bad faith.
The provisions of the preceding two paragraphs apply mutatis mutandis to any shareholder, etc. who intervened in the suit referred to in Article 849, paragraph (1) pursuant to the provisions of that paragraph.
前二項の規定は、第八百四十九条第一項の規定により同項の訴訟に参加した株主等について準用する。
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action to enforce liability
「責任追及等の訴え」
A lawsuit to enforce the liability of a stock company's incorporators, officers, etc. or liquidators, or to recover certain payments owed to the company, which a shareholder may demand the company bring and may bring on its behalf if it does not.
Short name set inArticle 847, paragraph (1)· applies only in this section
shareholder, etc.machine translation
「株主等」
In actions to enforce the liability of a company's officers and others, the company's shareholders, its qualified former shareholders (former shareholders who, through a share exchange, share transfer or merger, received and still hold shares in a wholly owning parent company, under Article 847-2), and the shareholders of its ultimate wholly owning parent company, etc.
Defined inArticle 847-4, paragraph (2)· applies only in this section
stock company, etc.
「株式会社等」
The stock company, or wholly owned subsidiary company resulting from the share exchange, etc., on whose behalf an action to enforce the liability of its officers is brought.
Short name set inArticle 848, paragraph (1)· applies only in this section