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TITLE Supreme Court Decision 2009Da68941 Decided February 10, 2011[Guaranteed Debt] [full Text]
Summary
[1] The method of interpreting the content of a contract where the objective meaning cannot be construed from the legal instrument used [2] The meaning of the principle of good faith, and the elements necessary to deny the exercise of a contractual right for violation of the principle of good faith [3] Case holding that the exercise of a termination right by Gap Corporation's bankruptcy administrator did not violate the principle of trust and good-faith, when the bankrupt Gap Corporation's former bankruptcy administrator formed a modified debt payment agreement reducing part of the debt with the composition debtor Eul Corporation, and provided in its agreement that ""if a significant change in the credit situation of Eul Corporation occurs, the bankrupt Gap Corporation may terminate the agreement without the consent of Eul Corporation, and if the agreement is terminated, claim and debt will revert to the original position existing before the formation of this contract,"" and the bankruptcy administrator exercised the termination right upon Eul Corporation's application of rehabilitation procedure
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