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(영문) 대법원 2017.11.29 2017다201538
전부금
Text

The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. In cases where an application is filed for commencement of individual rehabilitation procedures, the court may, if deemed necessary, order the suspension of compulsory execution against the debtor's property on the basis of individual rehabilitation claims, at the request of an interested party or ex officio, pursuant to Article 593 (1) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter "the Debtor Rehabilitation Act").

Meanwhile, in special circumstances where it is acknowledged that the aforementioned suspension order might not sufficiently achieve the purpose of rehabilitation procedures pursuant to the above suspension order, the court orders all rehabilitation creditors and rehabilitation secured creditors to prohibit compulsory execution, etc. based on any rehabilitation claim or rehabilitation security right until a decision is made on the application for commencement of rehabilitation procedures pursuant to Articles 593(5) and 45(1) of the Debtor Rehabilitation Act. In the event of such comprehensive prohibition order, compulsory execution based on any rehabilitation claim or rehabilitation security right, which already occurred on the debtor’s property, is immediately suspended (see, e.g., Supreme Court Decision 2009Da90146, May 26, 2011).

(1) The Plaintiff was issued an assignment order of claim attachment and assignment order (hereinafter “instant assignment order”) regarding KRW 7,198,317 out of the Defendant’s wage claim against the Defendant in the Chuncheon District Court Youngcheon Branch case No. 2014TTTT 201268.

(2) On July 28, 2014, the instant assignment order was served on the Defendant, and on September 18, 2014, on the obligor A, and A did not raise any objection within one week from the date of receipt of the assignment order.

B. On July 30, 2014, A filed an application for commencing individual rehabilitation procedures with the Seoul Central District Court No. 2014 Association151499, and the said court on August 5, 2014.

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