Earticle

초록

영어

Conversion of investment is carried out in the procedures for workout, composition or reorganization. Conversion of investment in the procedure for workout is mainly carried out for loan of financial institutes. In case of conversion of investment for loan, by converting its bad debts into investment on security of earnings value based on the possibility of revival of the applicable company, a financial institute may check the management as a creditor without direct involvement in business, and so such financial institute can reduce a potential risk of poor management and also have a positive impact on the Bank for International Settlements Capital Ratio from realization of gain on appreciation. In fact, in case of conversion of investment, creditors have some advantages from the perspective of value conversion because they acknowledge any debt with depreciated market value as the book value and then convert them into investment after capital decrease. In addition, conversion of investment has advantage from the perspective of establishment of reserves and asset soundness because assessment of market value is conducted if the subject company is a listed company. There is a discrepancy among opinions on whether conversion of investment eliminates principal liabilities. With respect to whether surety liabilities become extinct, there is a discrepancy among academic theories in corporate reorganization procedure. However, in the workout procedure, the scope of extinction of surety liabilities is fixed depending on the scope of extinction of principal liabilities.

목차

Ⅰ. 서
 Ⅱ. 출자전환
 Ⅲ. 출자전환과 주채무의 소멸
 Ⅳ. 출자전환과 보증채무의 소멸
 Ⅴ. 결
 참고문헌
 Abstract

키워드

저자

• 이춘원 [ Lee, Chun-Won | 광운대학교 법과대학 교수, 법학박사 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  회생법학 [Korean Law Review for Rehabilitation and Bankruptcy]

• 간기

  반년간

• pISSN

  2093-6923

• 수록기간

  2010~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340