Article 31(Ceiling on credit extension to same borrower) #
(1) KDB may not extend credit (referring to credit granting defined under Article 2(1)7 of the Banking Act; hereafter in this Chapter the same shall apply) in excess of 25/100 of its equity capital (referring to equity capital defined under Article 2(1)5 of the Banking Act; hereafter in this Chapter the same shall apply) to the same individual, juristic person, or a person belonging to the same enterprise group (referring to the enterprise group defined under subparagraph 2 of Article 2 of the Monopoly Regulation and Fair Trade Act) as such individual or juristic person (hereinafter referred to as "same borrower"); provided, the same shall not apply to any of the following cases: <Amended on Dec. 30, 2025>
1. Where an additional credit is extended to a company for which rehabilitation procedures are under way in accordance with the Debtor Rehabilitation and Bankruptcy Act, or management normalization of which is in progress in a joint effort by financial institutions as part of corporate restructuring, etc.;
2. Where an additional credit is extended to a person who acquires a company falling under subparagraph 1 in compliance with acquisition agreement;
3. Where the ceiling on the credit extension referred to in the main sentence above is exceeded due to any of the following causes, in spite of the absence of any additional credit extension:
a. Where the amount of money converted into won currency is increased by the fluctuation of exchange rate;
b. Where the equity capital of KDB is decreased;
c. Where any alteration is made in the constitution of the same borrower;
d. Where any merger or any transfer or taking over of business is made among the enterprises to which are extended credit;
e. Where there exists any compelling cause, such as the sudden change in economic conditions, which is recognized by the Financial Services Commission;
4. Where any credit is extended to an electric source development business entity in accordance with the electric source development business execution plan under the Electric Power Source Development Promotion Act;
5. Where it is necessary to implement an industrial policy, such as infrastructure facility business, or to stabilize national life, which is recognized by the Financial Services Commission after consulting with the Minister of Economy and Finance;
6. Any other case deemed necessary by the Financial Services Commission to accomplish the objectives for establishment of KDB.
(2) Where the ceiling on credit extension referred to in the main sentence of paragraph (1) is exceeded due to such cause as provided for in paragraph (1)3, it shall be adjusted to suit the ceiling within one year from the date the ceiling is exceeded; provided, in the following cases, the said period may be extended by the Financial Services Commission to a certain time:
1. Where it is impracticable to collect the extended credit within the said period because the deadline for the collection has yet to come;
2. Where the stabilization of management of a person who is extended credit may be materially impaired, if any cause falling under paragraph (1)3a or b continues to exist in the long term and the extended credit is collected;
3. Where the Financial Services Commission deems that the soundness of assets of KDB would not be materially impaired even if the state of excess of the ceiling continues for a certain period, which is similar to any causes referred to in subparagraphs 1 and 2.