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(영문) 대법원 1972. 8. 24.자 72그5 결정
[회사정리절차중지기각결정에대한항고][집20(2)민,183]
Main Issues

In applying the provisions of Article 7-3 of the Act on Special Measures for Loans in Arrears by Financial Institutions

the time and the relationship between the time and the security of the claim.

Summary of Judgment

In the application of the provisions of this Article, the time when the collection of claims is entrusted to the Korea Assets Management Corporation shall be unlimited even if the commencement of the company reorganization procedure is followed, and even if the security of claims entrusted to the Korea Assets Management Corporation to collect is not limited to all the assets of the company for which the reorganization has commenced, the application of

[Reference Provisions]

Article 7-3 of the Act on Special Measures for Delayed Loans by Financial Institutions

Special Appellants

Korea Assets Management Corporation

upper protection room:

Hahbuk corporation

United States of America

Chungcheong Branch Decision 72Ka5 delivered on June 16, 1972

Text

The original decision is reversed and the case is remanded to the Cheongju District Court.

Reasons

The grounds for special appeal are examined.

The original decision is reasonable to dismiss an application for the suspension of reorganization proceedings of the company in this case, and the applicant filed an objection under Article 7-3 (Article 7(3) of the Act on Special Measures for the Loans in Arrears of Financial Institutions as a creditor of the company in Chungcheongnambuk-gu. However, the date the applicant received delegation from the Industrial Bank in the case from the applicant to the Industrial Bank in the case of this case is September 28, 1971. The date the commencement order of reorganization proceedings of the company was issued on July 29, 1970. Thus, after the decision to commence reorganization of the company was made, the applicant is clearly entrusted with the collection of claims to the Chungcheongnam-gu Corporation in the case of the applicant's bonds, and according to the relevant case records, the security of the applicant's bonds as security does not fall short of the entire assets of the Chungcheong-gu Corporation in which the reorganization of the company was commenced, and the court below rejected the application for the suspension of the company's bonds in this case with the assent of all Justices 10 and 3010 others are not justified.

Supreme Court Judge Hongnam-gu (Presiding Judge)

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