[회사정리절차개시결정][공1982.12.15.(694),1075]
The meaning of Article 272 (1) 1 of the Company Reorganization Act "in case where the submitted reorganization programs cannot be referred to the examination or resolution at an assembly of interested persons"
Article 272 (1) 1 of the Company Reorganization Act provides that the contents of the reorganization program are not consistent with the provisions of the Act, are lacking in fairness and fairness, or it is impossible to carry out the program, or it is not possible to carry out the program at the meeting of interested persons.
Articles 272(1)1 and 233(1) of the Company Reorganization Act
Daejeon Alcoholic Industrial Co., Ltd. and one other
Seoul High Court Order 81Ra35 dated June 30, 1982
All reappeals are dismissed.
1. The manager of Daejeon Alcoholic Industries Co., Ltd. shall be deemed to have a ground for reappeal of the re-appellant;
According to Article 272(1)1 of the Company Reorganization Act, where no reorganization program is submitted within the period or extended by the court, or all the programs submitted within the said period are not to be referred to the examination or resolution of the meeting of interested persons, the court shall make ex officio a decision to abolish the reorganization proceedings. The foregoing time when the contents of the programs are not consistent with the provisions of the Act, or are not fair and equitable (see Article 233(1) of the Company Reorganization Act), or where there is no possibility for a resolution of the programs to be adopted at the meeting of interested persons.
In this case, the court below maintained the first instance court's decision to abolish the reorganization proceedings in this case on the ground that the reorganization programs submitted by the receiver or representative director of the reorganization company in this case cannot be referred to the examination or resolution at the meeting of interested parties due to lack of rationality or realization, which ultimately is justifiable since the purport of determining that the contents of the reorganization programs are impossible
The issue is that it is not possible to refer the case to the examination or resolution of the related person's meeting, in other words, to the case where the reorganization program is submitted in the form of a submission, that is, the case where there are circumstances the same as the non-submission of the reorganization program within the period. However, there are no reasonable grounds for such interpretation, and thus, it is not acceptable.
2. The re-appellant 2 served a notice of receipt of the records of re-appeal on September 1, 1982, but did not submit a re-appeal within the period stipulated in Articles 413(2) and 397 of the Civil Procedure Act, and there was no statement in the re-appeal petition.
3. Therefore, all reappeals' reappeals are dismissed. It is so decided as per Disposition by the assent of all participating judges.
Justices Lee Lee Sung-soo (Presiding Justice)