KCC 1079/2007

This case involved a request for two investment contracts to continue and defendants to pay their rent. The key issue was whether the appeal had been made within the deadline. What was relevant was that this was not a bankruptcy case.

Background

A company filed a case against a bureau and a company and requested the court approve the continuation of the two investment contracts until their termination and order the defendants to pay the rent for the real estate.

The court rejected the case.

The company appealed the ruling before the court of appeal. The court abandoned the appealed ruling and ruled that the two contracts should continue.

Decision

The bureau appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had erred in the application of law because the appealed ruling which related to the bankruptcy issues should be appealed within 15 days of its date of issue according to Article 564 of the Commerce Law and the appeal had not been made within the legal deadline.