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| TITLE | Supreme Court Decision 2018Da210690 Decided October 14, 2022 【Delivery of Corporal Movables】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] In a case where a right holder exercises a right against a debtor who is under rehabilitation proceedings, standards for determining whether such exercise is in violation of the principle of good faith [2] In the case where: (a) Incorporated Company A concluded a machinery lease agreement on a medical equipment with Medical Corporation B and leased the equipment to Medical Corporation B; (b) upon the commencement of rehabilitation proceedings on Corporation B, Company A reported a claim arising from the lease agreement as a rehabilitation security right; and (c) subsequent to the approval of a rehabilitation plan presupposing that Corporation B will continue to conduct business activities by using the aforesaid equipment, Company A filed a lawsuit for the transfer of the pertinent equipment by arguing that it would “rescind the agreement as prescribed in the lease agreement and exercise the right of repossession,” the case holding that, in light of the overall circumstances, the lower court erred in its judgment by failing to exhaust all necessary deliberations upon missing a review and examination of the possibility that Company A’s rescission of the lease agreement and exercise of the right of repossession may be in violation of the principle of good faith | |
