(1) If a shareholder who has filed a lawsuit pursuant to Article 403 (3) and (4) wins the case, he/she may demand reimbursement from the company for the cost incurred in relation to the action and a reasonable amount of other expenses disbursed for the action. In such cases, the company which has paid the expenses incurred in relation to the legal action shall have a right of recourse against the directors or auditors. <Amended by Act No. 1212, Dec. 12, 1962; Act No. 6488, Jul. 24, 2001>
(2) If a shareholder who has filed a lawsuit pursuant to Article 403 (3) and (4) loses the case, he/she shall not be liable for damage suffered by the company, except for damage attributable to malicious intent.