2020년 도산법 중요판례평석

Abstract

This article reviews some important cases of the Supreme Court in 2020 on 「Debtor Rehabilitation and Bankruptcy Act」. The following judgements are analyzed. Supreme Court Decision 2016Da254467 dated Dec. 10. 2020 on taking-over of lawsuit filed in objection in the previous rehabilitation process since the bankruptcy was declared, Supreme Court Decision 2019Da246399 dated June. 25. 2020. on cases when reasons for suspension of litigation procedures are overlooked and the judgment is sentenced during a lawsuit contesting the existence of debt is pending in a court, Supreme Court Decision 2019Da243420 dated Mar. 2. 2020. on whether there is any interest of litigation on ongoing lawsuit of rehabilitation claims, when calims reported as rehabilitation claims are confirmed and written on the table of rehabilitation creditors, Supreme Court Decision 2016Da257572 dated June. 25. 2020. on subjective requirements to be recognized as intentional denial, Supreme Court Decision 2015Da236028, 236035 dated Sept. 3. 2020. on whether rehabilitation claims lose rights according to authorization of rehabilitation plan, Supreme Court Decision 2019Gue534 dated Aug. 20. 2020. on completion of rehabilitation procedure and subsequent completion, Supreme Court Decision 2020Da6195 dated Oct. 20. 2020. on commencement of rehabilitation procedure and minority shareholder’s right to inspect and copy accounting books and other documents, Supreme Court Decision 2017Da256439, 256446 dated Dec.10. 2020. on whether exercise of right to property transferred for security is included in ‘compulsory execution based on rehabilitation security rights’ which is prohibited when there is a decision of commencement of rehabilitation.