The provisions of Article 5-2 of the Act on Special Measures for Loans in Arrears of Financial Institutions shall apply to complaints filed after January 1, 1970.

The provisions of this Article shall apply to any appeal made after January 1, 1970.

Article 5-2 of the Act on Special Measures for Loans in Arrears by Financial Institutions, Article 2 of the Addenda to the Act on Special Measures for Loans in Arrears by Financial Institutions

Re-appellant

Seoul Civil History District Court Decision 70Ra446 delivered on August 18, 1970

The decision of the court is reversed and the case is remanded to the Panel Division of the Seoul Civil Procedure District Court.

The grounds of reappeal are examined.

The original decision is with reason to dismiss the petition of this case and it is explained that the appellant does not dismiss the petition of this case even after receiving an order to deposit KRW 4,050,000 under Article 4 of the Enforcement Decree of Article 5-2 of the Act on Special Measures for Loans in Arrears from Financial Institutions, even though it is served with the order to deposit KRW 4,050,000.

However, according to the records, it is clear that the appeal of this case was filed on December 29, 1969, prior to the enforcement of the provisions of Article 5-2 of the Act on Special Measures for Loans in Arrears by Financial Institutions (refer to Chapter 189 of the records), and it cannot be affected by the latter part of Article 5-2 of the Addenda of the same Act. Thus, it is unlawful to dismiss the appeal of this case on the ground that the appeal of this case was an unlawful appeal for the reason that it did not deposit the security deposit money as provided in Article 5-2 of the same Act, and it is unlawful to dismiss the appeal of this case on the ground that the appeal of this case was an unlawful appeal. The appeal of this point is dismissed on the ground that the original decision is reasonable, and the case is remanded to the collegiate division

The judge of the Supreme Court of the Republic of Korea (Presiding Judge) Mag-Jak Kim Jong-young Kim Young-ho