Main Issues
The application of the Act without examining whether the auction bond falls under the overdue loan under the proviso of Article 2 (2) of the Act on Special Measures for Loans in Arrears by Financial Institutions is unlawful.
Summary of Decision
The application of the Act without examining whether the auction bond falls under the overdue loan under the proviso of Article 2 (2) of the Act on Special Measures for Loans in Arrears by Financial Institutions is legitimate.
[Reference Provisions]
Article 394 of the Civil Procedure Act, Article 412 of the Civil Procedure Act, Article 413 of the Civil Procedure Act
Re-appellant
Appellant 1 et al.
Name of the Republic of Korea:
Busan District Court Decision 71Ra387 delivered on December 30, 1971
Text
The order of the court below is reversed and the case is remanded to Busan District Court Panel Division.
Reasons
We examine the re-appellant's grounds for re-appeal.
The court below did not examine whether the auction credit of this case loaned by the National Agricultural Cooperative Federation constitutes a loan in arrears under the proviso of Article 2 (2) of the Act on Special Measures for Loans in Arrears by Financial Institutions and did not examine whether the above Act is applicable to the loan in arrears, and there is an error of law which failed
Therefore, the original order is reversed, and the case is remanded to Busan District Court Panel Division. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices of the Supreme Court (Presiding Judge) Park Jae-dong (Presiding Judge)