(Demand for Costs) Article 852 In cases where a Shareholder, etc. who has filed an Action to Enforce Liability wins the suit (including cases of partially winning the suit), if the shareholder has paid the necessary costs (excluding court costs) or is to pay a fee to an attorney or a legal professional 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 such costs or the amount of such fee.
Even in cases where 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.
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。
The provisions of the preceding two paragraphs apply mutatis mutandis to any Shareholder, etc. who intervened in the suit set forth in Article 849, paragraph (1) pursuant to the provisions of that paragraph.
