整理債權者에 대하여 一部辨濟한 保證人의 權利

In principle, creditors are able to excercise their claims based on the whole claims amount as of the time when the reorganization proceeding commences. When several persons are liable to discharge all the debts respectively, this principle is also applied. Therefore, even when some of the debtors liable for full payment perform or satisfy their debts after the commencement of the reorganization proceeding, the creditors are able to excercise their claims for the whole claims amount as of the time when the reorganization proceeding commences except for the case when all the claims are settled in full. When the debtor's guarantor acquires the claims as much as he has paid off from the creditors by performing part of his debt after the commencement of the reorganization proceeding, he might exercise the claims. However, as it is there would be few creditors who assign their claims although they have not been satisfied with full payment. For all that, The Supreme Court Judgement 2005da34643 delivered on April 13, 2006 stated that although, with paying liquidation dividends to creditors, a guarantor who went bankrupt closed an assignment contract for the claims as much as the paid dividend with them, the contract was construed to be executed just for enabling the guarantor to exercise the claims instead of the creditors only when the payment for the claims are entirely settled in future. This judgement seems to have an intention that satisfy the creditors at most in accordance with the guarantee system, and to be valid considering the contexts from which this judgement had been stated.