On October 11, 2012, the Seoul Central District Court (“Court”) commenced reorganization proceedings against Woongjin Holdings, a holding company of Woongjin Group, under the Debtor Rehabilitation and Bankruptcy Act (“Bankruptcy Act”). As a result, various issues under the Bankruptcy Act related to the reorganization proceedings of Woongjin Holdings surfaced.
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Under the current Debtor Rehabilitation and Bankruptcy Act (“Debtor Rehabilitation Act”), even if a debtor’s debt is reduced or exempted when a rehabilitation plan is approved, this does not affect the debt of a guarantor who jointly bears certain obligations with such debtor (“Joint Guarantor”) (Debtor Rehabilitation Act, §250(2)).
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