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| TITLE | [Discharge of Reorganization Claim]Supreme Court Decision 2006Da77197 Delivered on June 26, 2008 [full Text] |
|---|---|
| Summary | |
| [1] In a case where the right which was confirmed by the inquiry procedure of reorganization claim, security right is omitted or excluded from the list subject to alteration of right and satisfaction in a reorganization plan (or a modification plan of reorganization plan) due to an error of the receiver of the reorganization company, etc., whether it can be viewed as provisions exempting the company from liability or modifying the right by extinguishing a confirmed right without discharge under the Article 241 or 242 (2) of the former Company Reorganization Act (negative) [2] The method of relieving the right in case where a confirmed right held by reorganization creditor, security holder is omitted or excluded from the list subject to alteration of right and satisfaction in a reorganization plan (or a modification plan of reorganization plan) due to an error of the receiver of the reorganization company [3] Whether the party can argue over whether or not an automatic claim against the counter party exists and its scope, etc. in a separate procedure even though the reorganization court approved a request for the approval of offset by the receiver of reorganization company (affirmative), and the party who bears the burden of proving it (=person who contends its existence) | |
