CONTENTS
- 1. The Client Who Came to a Seoul Attorney

- - How the Decision to File for Corporate Bankruptcy Came About
- - Statutes Related to Corporate Bankruptcy
- 2. Procedures for the Seoul Attorney's Corporate Bankruptcy Application

- - Argument That the Deficit Arose from the Termination Notice of an Existing Business Partner
- - Argument That Sales Dropped Sharply Due to the Direct Impact of COVID-19
- - Argument That the Client Had Made Efforts to Recover the Company's Operations
- 3. Corporate Bankruptcy Decided with the Assistance of a Seoul Attorney

- - Court Declares the Corporate Bankruptcy Decision
1. The Client Who Came to a Seoul Attorney
The client in this case, who had decided to file for bankruptcy due to the company's management difficulties, came to seek the assistance of Daeryun's Seoul attorney.
How the Decision to File for Corporate Bankruptcy Came About
The client operated a corporation that received food supplies from a food distribution company and dispatched staff to large supermarkets to sell the products.
After the COVID-19 outbreak, the supermarket operations were directly affected, and the company began to run a deficit.
As time passed, sales declined, and it became difficult to repay the principal and the loan interest, so the client decided to file for bankruptcy.
The client came to Daeryun's Seoul attorney in order to carry out the corporate bankruptcy smoothly.
Statutes Related to Corporate Bankruptcy
■ Debtor Rehabilitation and Bankruptcy Act
▷ Article 305 (General Grounds for Bankruptcy)
(1) Where a debtor is unable to make payments, the court shall, upon an application, declare bankruptcy by a decision.
(2) Where a debtor has suspended payments, the debtor shall be presumed to be unable to make payments.
▷ Article 306 (Grounds for Bankruptcy of a Corporation)
(1) With respect to a corporation, bankruptcy may be declared even where the total amount of its debts exceeds the total amount of its assets.
(2) Paragraph (1) shall not apply during the existence of a general partnership company or a limited partnership company.
2. Procedures for the Seoul Attorney's Corporate Bankruptcy Application
The Seoul attorney assisted with the pre-application procedures in order to obtain a corporate bankruptcy decision from the court.
Argument That the Deficit Arose from the Termination Notice of an Existing Business Partner
As the operation of all companies became difficult due to COVID-19, the client's company received a notice of contract termination from a business partner with which it had previously dealt.
After the contract ended, no new sales were generated for the client's company, and a deficit arose.
The funds available to operate the company were insufficient even to pay the employees' wages, and they fell far short of covering severance pay.
Daeryun emphasized points such as the fact that the client had taken out additional loans from a credit guarantee insurer in order to pay the employees' severance pay.
Argument That Sales Dropped Sharply Due to the Direct Impact of COVID-19
The client's corporation faced considerable difficulty at the same time that COVID-19 arrived in Korea.
As the importance of hygiene grew more than ever, factors important to the corporation's sales growth, such as food sampling sections at large supermarkets, were restricted.
There were also times when sales became entirely impossible, as operations were suspended at supermarkets visited by COVID-19 patients.
Daeryun emphasized that the corporation's sales had decreased sharply because of COVID-19.
Argument That the Client Had Made Efforts to Recover the Company's Operations
The government provided subsidies to businesses whose operations had become difficult due to COVID-19.
The client also applied for and received that subsidy, but it was far from sufficient as operating funds.
The client tried to find self-help measures by starting a new business, but sales came in below expectations.
Daeryun emphasized that the client had made efforts to recover the company's operations.
3. Corporate Bankruptcy Decided with the Assistance of a Seoul Attorney
With the assistance of the Seoul attorney, a bankruptcy decision was obtained for the corporation, whose operations had become difficult due to deteriorating management conditions.
Court Declares the Corporate Bankruptcy Decision
The client, who had decided on corporate bankruptcy due to management difficulties caused by COVID-19, came to Daeryun's Seoul attorney to seek assistance.
The Seoul attorney provided the best possible assistance through close consultation with the client in order to obtain the corporate bankruptcy decision.
As a result, the court accepted the Seoul attorney's arguments and decided on the corporate bankruptcy.
If you are facing concerns over corporate bankruptcy like the case above, you may wish to visit Daeryun's Seoul attorney for a consultation.

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