In a case where an enterprise is exempted from liability for bonds pursuant to Article 18 of the Emergency Order on Economic Stabilization and Growth, whether the bonds acquired by the transfer of claims, which are security rights to the above obligations, are also extinguished.

If a bondholder has not reported bonds pursuant to Article 15 of the Emergency Order on Economic Stabilization and Growth, the company shall be exempted from all responsibilities for the bonds and the bonds acquired by the assignment of claims, which is a security right to the above obligations, shall also be extinguished pursuant to Article 18 of the Decree.

Article 18 and Article 15 of the Emergency Decree on Economic Stabilization and Growth

Plaintiff 1 and 2 others, Counsel for the plaintiff-appellant

Attorney Choi Young-young et al., Counsel for the plaintiff-appellant

Seoul High Court Decision 73Na768 delivered on October 4, 1973

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

(1) The plaintiff's attorney's first ground of appeal is examined.

The judgment of the first instance, which maintained the original judgment, transferred to the plaintiff the claim about KRW 20,00,000 among the unpaid construction compensation claims against the defendant by the representative of the Seoul Enterprise Co., Ltd., who mainly performs civil engineering works by integrating the relevant evidences at the time, was recognized that the non-party's claim about KRW 20,00,000 against the plaintiff was to secure the payment of KRW 20,000 to the non-party's debt to the plaintiff. Thus, there is no error in the process of evidence preparation and fact-finding, which was examined by the records, and thus, there is no argument in this regard.

(2) We examine the grounds of appeal Nos. 2 and 3.

According to the reasoning of the judgment of the court of first instance maintained by the court below, the court of first instance held that the plaintiff, the creditor of the non-party, was exempted from all liability for KRW 20,000,000 against the plaintiff under Article 15 of the Emergency Order Concerning Economic Stabilization and Growth, and that the above non-party was extinguished by the credit transfer of this case, which is a security right to the above debt, because the non-party's debt amount of KRW 20,00,000,000, was not reported to the plaintiff under Article 15 of the Emergency Order Concerning Economic Stabilization and Growth. The judgment of the court below is just, and there is no error in the misapprehension of legal principles as to the assignment of credit, or in the misapprehension of legal principles as to

The issue is groundless.

Therefore, this appeal is dismissed. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Byung-ho (Presiding Justice)