예금채권
All appeals are dismissed.
The costs of appeal by the plaintiffs are assessed against the plaintiffs and the defendant.
The grounds of appeal are examined.
1. According to the reasoning of the judgment below as to the plaintiffs' grounds of appeal, the court below rejected all the plaintiff's primary claims and the first preliminary claims by the plaintiffs, on the ground that the deposit contract in the case of this case is the joint name of the plaintiff A Regional Housing Association (hereinafter "the plaintiff association") and B Co., Ltd. (hereinafter "B"), or that there is a lack of agreement between the plaintiff union, B, and the defendant to transfer the deposit claim in this case to the plaintiff union B.
In light of the relevant legal principles and records, such determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on the judgment of deposit holders and the legal relations among joint project undertakers for
2. As to the Defendant’s ground of appeal
A. As to the grounds of appeal Nos. 1 and 2, the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”)
A) According to the reasoning of the lower judgment and the record, where a rehabilitation creditor bears the obligation to a debtor at the time the rehabilitation procedures commence, when both of the claims and the obligations are set-off before the expiration of the reporting period, the rehabilitation creditor may set-off without resorting to the rehabilitation procedures (Article 144(1)). Moreover, after the commencement of rehabilitation procedures, the right to perform the debtor’s business and manage and dispose of the debtor’s assets is exclusively vested in the administrator (Article 56(1)) and thus, the declaration of set-off should be made against the custodian. (2) According to the reasoning of the lower judgment and the record, the Seoul Central District Court appointed C as the custodian on April 7, 2015; (3) appointed the rehabilitation company’s address as the Seoul Dongdaemun-gu G; and (4) decided to commence rehabilitation procedures from April 28, 2015 to May 13, 2015.
B. The defendant on April 2015.