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TITLE 【Syllabus of Latest Opinion】Supreme Court Decision 2019Da235528 Decided August 30, 2019 【Money for Acquisition by Transfer】 [full Text]
Summary
[1] In a case of submission of the list of the individual rehabilitation creditors or participation by any other individual rehabilitation creditor in the individual rehabilitation procedures, whether the interruption of prescription remains effective during the proceeding of the individual rehabilitation procedures (affirmative in principle) and whether the court’s decision to authorize the repayment plan in the individual rehabilitation procedures affects the effect of the interruption of prescription (negative)
[2] In the case where: (a) the principal debtor (“Party B”) of the limited company (“Company A”) filed an application for individual rehabilitation before the lapse of the period of extinctive prescription, submitted a list of creditors under which Company A was listed as a creditor, and received the court’ decision to authorize the repayment plan; (b) Company A sought the fulfillment of obligations for guarantee against the joint guarantor (“Party C”), the case affirming the lower court that held as follows: (a) the extinctive prescription of Party B’s debt is interrupted at the time when he or she submits a list of creditors under which Company A is listed as a creditor; (b) so long as Party B’s individual rehabilitation procedures are not rescinded and ongoing, the interruption of prescription remains effective; (c) the interruption of prescription as to Party B is effective towards his or her guarantor, Party C.
Prev 【Syllabus of Latest Opinion】 Supreme Court Decision 2017Da258237 Decided September 10, 2019 【Agreed Money】
Next 【Syllabus of Latest Opinion】Supreme Court Decision en banc Decision 2018Do14303 Decided August 29, 2019 【Violation of the Act on the Aggravated Punishment, Etc. of Specific Economic Crimes (Bribery); Abuse of Authority and Obstructing Another from Exercising Right; Coercion (Partly Acknowledged Name of Crime: Attempted Coercion); Attempted Coercion; Occupational Disclosure of Other’s Secrets】
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