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(영문) 대법원 1971. 4. 3.자 71그2 결정
[회사정리개시결정폐지신청각하결정에대한특별항고][집19(1)민,310]
Main Issues

Articles 7-3 and 7-2 of the Act on Special Measures for the Long-Term Loans of Gold-term Institutions (Law No. 1, 1970).

Summary of Judgment

If the Korea Assets Management Corporation has transferred or entrusted recovery pursuant to Articles 6 and 7 of this Act to the Korea Assets Management Corporation, the delegation time does not proceed even after the decision on commencement of the company reorganization procedure was made, and the decision on commencement of the company reorganization which was already made shall not be construed as a reason to abolish the decision on commencement of the company reorganization.

It can not be interpreted that the decision on the commencement of the company reorganization procedure can proceed with the above reorganization procedure even if there is Article 2 of the Addenda of this Act.

[Reference Provisions]

Article 7-3 of the Act on Special Measures for Delayed Loans by Financial Institutions; Article 51 (9) of the Act on Special Measures for Delayed Loans by Financial Institutions; Article 51 (2) of the Addenda of the Act

Reference Cases

November 30, 1970 70g16

Special Appellants

Korea Assets Management Corporation

Other Party

Corporation of the United States, Inc.

Judgment of the lower court

Busan District Court Decision 69m200 delivered on January 22, 1971, 200

Text

The special appeal is dismissed.

Expenses for special appeal shall be borne by the special appellant.

Reasons

For the reasons for special appeal:

Since the Korea Assets Management Corporation established on January 1, 1970 as the Act on Special Measures for Collection of Loans and the Act on Special Measures for the Establishment of the Act No. 700 provides that "the above Act shall not proceed with reorganization proceedings under the Company Reorganization Act with respect to the company which is the obligor of the bonds to be transferred or entrusted pursuant to the provisions of Articles 6 and 7," and that "the Act shall apply to pending cases at the time of the enforcement of the Act on Special Measures for Collection of Claims" as stated in Section 2 of the above Article 7, the effect of the Act on Special Measures for the Establishment of the Act on Special Measures for the Establishment of the Act shall not be affected by the 7th anniversary of the above Act on Special Measures for the Establishment of the Act on Special Measures for the Establishment of the Act on No. 1, 196. The effect of the Act on the Establishment of the Act on No. 1, 700, before the enforcement of the Act on No. 1, the Act on No. 1, 1977, shall be interpreted to the Act on No. 17.

Therefore, it is so decided as per Disposition with the assent of all participating judges.

The judges of the Supreme Court (Presiding Judge)

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