2018년 도산법 중요판례평석

초록

This article reviews some major decisions of the Supreme Court in 2018 with regard to the Debtor Rehabilitation and Bankruptcy Act. - 2017Da287587 Decided April 24, 2018 on the procedure of bankruptcy claim confirmation in case where the litigation procedure is suspended by the declaration of bankruptcy made on debtor during the bankruptcy claim. 2017Da265129 Decided June 15, 2018 on the relationship between the lawsuit for revocation of fraudulent act and the lawsuit for its avoidance. 2017Da289828 Decided June 15, 2018 on whether the trusty may take over the litigation procedure, assuming that the procedure is still pending in the court which declared bankruptcy, because the case raised by the debtor should be dismissed as an unjustifiable lawsuit since the debtor is not suitable to stand for lawsuits on properties that belong to the bankruptcy estate. 2017Da287648, 287655 Decided October 25, 2018 on whether an act can be considered voidable if the action for debt extinguishment and the provision of commodity or service were simultaneously done as an exchange and the value of each acts are reasonably balance. 2017Ma5212 Decided January 16, 2018 on the abolition of simplified rehabilitation procedure. 2015Da56789 Decided July 24, 2018 regarding the objection to final judgment on rehabilitation claim investigation. 2015Da209347 Decided September 13, 2018 on whether the offset by the rehabilitation debtor or the administrator and the offset by a third party such as the surety are also subjects for the prohibition of rehabilitation bond extinguishment.

키워드