회생절차에서 상계권- 회생절차의 특수성과 채무자회생법상 상계권행사의 범위와 한계- = Set-off Rights in Rehabilitation Process

다국어 초록 (Multilingual Abstract)

The relationship between claims and debts is not merely a simple one-sided relationship, but can often lead to complex interrelated claims and debts. When a creditor becomes liable for a debt owed to a debtor, it can be a wasteful and unnecessary procedure for the parties to repeatedly repay and receive repayment for the claims and debts they hold against each other. In such cases, the creditor and debtor may offset their respective claims and liabilities against each other, thereby extinguishing their respective claims and liabilities. Such offset refers to the unilateral declaration by one party to extinguish claims and liabilities of the same kind held by the creditor and debtor in equal amounts. set-off serves as a means to avoid the waste of time and costs that would otherwise arise from the creditor and debtor actually claiming or enforcing and fulfilling their claims or debts of the same kind, thereby eliminating such unnecessary and cumbersome procedures.
The issue of the right of set-off may also arise in Rehabilitation Process. If one of the parties becomes insolvent or otherwise unable to fulfill its obligations, and the Rehabilitation Process are initiated, the extinction of a specific debt may result in unfairness toward other creditors. Therefore, the exercise of the right of set-off by creditors cannot be treated the same as the exercise of the right of set-off under the general provisions of the Civil Code. In this regard, the Rehabilitation Process Act imposes certain restrictions on the right of set-off under the Civil Code in accordance with the legislative intent.The exercise of set-off rights must be made before the expiration of the reporting period for rehabilitation claims. Additionally, set-off involving debts incurred after the commencement of rehabilitation proceedings as passive claims, set-off involving debts incurred while aware of the crisis state as passive claims, set-off where the debtor acquires another party's rehabilitation claim or rehabilitation security interest after the commencement of rehabilitation proceedings, set-off where the debtor incurs a debt as a passive claim while aware of the crisis state, set-off where the debtor uses the debt as an automatic claim, set-off where the debtor uses the debt as an automatic claim before the repayment of the performance value resulting from the exercise of a right of avoidance, and set-off by a third party using the rehabilitation estate claim as an automatic claim are prohibited by law.