logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 1970. 11. 30.자 70그16 결정
[주식회사정리절차중지신청각하결정에대한특별항고][집18(3)민,339]
Main Issues

The provisions of Article 7-3 of the Act on Special Measures for Loans in Arrears of Financial Institutions shall apply to cases where the collection of claims is delegated to the Korea Assets Management Corporation after the decision to commence a company reorganization procedure is made.

Summary of Judgment

The provisions of this Article shall apply to cases where the collection of claims is delegated to the Korea Assets Management Corporation after the decision to commence corporate reorganization procedures has been made.

[Reference Provisions]

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

Special Appellants

Korea Assets Management Corporation

United States of America

Suwon District Court Decision 70m1 delivered on September 29, 1970

Text

I reverse the original decision.

Reasons

The grounds for special appeal by a special appellant are examined.

According to the provisions of Article 7-3 of the Act on Special Measures for Loans in Arrears of Financial Institutions, a part of Article 6 and Article 7 of the same Act shall not proceed with reorganization proceedings under the Company Reorganization Act with respect to a company which is an obligor of a claim, the collection of which is entrusted to the Korea Assets Management Corporation pursuant to the provisions of Article 6 and Article 7 of the same Act. In the application of this provision, the time when the collection of the claim is entrusted to the Korea Assets Management Corporation shall be considered as unreasonable even after the order to commence the company reorganization proceedings is issued, in light of the purpose of the above special measures. Therefore, the original decision should be seen as reasonable in light of the above, so the original decision is developing from the opposite position

Therefore, we reverse the original decision by unanimous opinion of all participating judges.

The presiding judge of the Supreme Court (Presiding Judge)

arrow