회생절차와 다수당사자의 채권관계

In cases where rehabilitation procedures commence for all or part of the assigning debtor, the Debtor Rehabilitation Act provides for special rules as to the creditor's relationship of rights against the rehabilitation debtor, the other assigning debtor's reimbursement relationship against the rehabilitation debtor, and the creditor's relationship of rights against the other assigning debtor. The main contents of the eagle are as follows. First, upon commencement of rehabilitation procedures for the assigning obligor, the creditor may exercise his/her rights as a rehabilitation creditor with respect to the total amount of the claim at the time. In cases where part of a creditor's claim is extinguished by repayment, etc. of other assigning obligors after rehabilitation procedures for all or part of the assigning obligors commence, such circumstances are not reflected in the creditor's claim amount in the rehabilitation procedures. Second, in order for joint and several guarantors, etc., who are future indemnity right holders, to subrogate the creditor's rights under the rehabilitation procedure against the principal debtor on the grounds of the Debtor Rehabilitation Act, they must repay the creditor's entire claim, such as the creditor's entire claim under the joint and several guarantee contract. In such cases, the amount to be repaid by the joint and several guarantors after therehabilitation plan is approved for the principal debtor is the creditor's claim under the joint and several guarantee contract, not the amount of the debt of the principal debtor that remains after reduction or exemption in accordance with the rehabilitation plan. Third, if a guaranteed debt is reduced or exempted by the rehabilitation plan approved for a guarantor, it becomes a legal relationship similar to the so-called partial guarantee in which the guarantor guarantees the principal debtor's debt to a certain extent. Thus, if the principal debt is partially extinguished by repayment, etc. of the principal debtor after the rehabilitation plan is approved for the guarantor, the guarantor is obligated to repay the amount up to the remaining principal debt after the principal debtor's repayment, etc. Fourth, if the assignment obligor fails to report the actual or future reimbursement rights until the end of the assembly of related persons to deliberate on the rehabilitation proposal, and the custodian fails to record such reimbursement rights on the list of rehabilitation creditors, the debtor is relieved of liability and the reimbursement rights are forfeited pursuant to Article 251 of the Debtor Rehabilitation Act. Fifth, if the main debt to the Korea Credit Guarantee Fund is reduced or exempted by the decision to approve the rehabilitation plan for small and medium-sized enterprises, the joint and several guarantee debt is reduced or exempted at the same rate, and the right that the Korea Credit Guarantee Fund may exercise in the rehabilitation procedure for joint and several guarantors is also limited to the scope corresponding to the reduced or exempted debt.