TITLE	Supreme Court Decision 2012Da104526,104533 Decided May 28, 2015¡¼Objection to Final Judgment on Rehabilitation Claim Investigation¡½ [full Text]
Summary
[1] In cases where rehabilitation proceedings commence against a party to a contract involving foreign elements, the law governing the questions whether the contract constitutes an executory contract, enabling the custodian to choose between performance or cancellation/ termination, and whether the damage claim arising from the contract cancellation/termination is a rehabilitation claim (i.e., the forum law of bankruptcy; lex fori concursus) and the law governing the scope of damages for the contract cancellation/termination (i.e., the governing law of the contract under the Act on Private International Law) [2] In cases where the computation of the present value of future loss under English law does not lead to an over-compensation even without deducting the interim interests, whether the interim interests should necessarily be deducted to discount the loss amount (negative)

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