회생채무자가 제3채무자인 추심명령이 존재하는 경우 회생절차의 진행 방법

When a debtor in rehabilitation is also a garnishee under a collection order, a crucial question arises for the smooth progression of the proceedings: Who should be treated as the rehabilitation creditor the collection creditor or the collection debtor? Current practice has followed the “collection creditor filing theory”, which recognizes the collection creditor as the rehabilitation creditor. However, Supreme Court Decision 2021Da252977 decided October 23, 2025 has significantly weakened the legal basis for this theory. In light of this ruling, which allows for joint litigation participation between both parties, it is more reasonable to adopt a “compromise theory” that allows both the collection creditor and the collection debtor to file their own rehabilitation claims. Even under this compromise theory, the proceedings can function well as long as voting rights and repayment methods are properly managed. When payments are made to the collection creditor according to the plan, they receive the actual funds while the collection debtor benefits from a reduced debt. Therefore, a plan that pays the collection creditor is beneficial to everyone involved. While granting voting rights to either party is possible, it is more practical to prioritize the collection creditor, as they are the party actually receiving the funds, unless special circumstances exist.