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(영문) 서울고등법원 2016.08.25 2014나2039686

잉여금지급청구

Text

1. The appeal by the plaintiff and the intervenor of the independent party E and the intervenor of the independent party I limited liability company, the Korea Development Bank, and J.

Reasons

1. Facts of recognition;

A. The status of the parties 1) A Co., Ltd. (hereinafter “A”).

A is a corporation with the objective of export and import business, brokerage business, overseas comprehensive construction business, etc. A after division on December 27, 2000 (hereinafter “A after division”).

(C) On March 16, 2016, the trade name of the Defendant and the Defendant (hereinafter “Stock Company C”) was changed to “H” at the time of the division.

(D) Co-Defendant D Co-Defendant Corporation of the first instance and the first instance trial (hereinafter referred to as “D”).

(2) After the division, A was declared bankrupt on June 16, 2006 by the Seoul Central District Court 2006Hahap18, and the Plaintiff was appointed as the bankruptcy trustee after the division. The Plaintiff’s principal lawsuit against D and the Intervenor E’s independent party participation was dismissed without filing an appeal by the Plaintiff, and the Intervenor E was separated from the Defendant by withdrawing the appeal.

3) The intervenors are financial institutions holding claims against A, affiliated companies of A, or general creditors, or companies taking over claims from them, which received a time limit upon reporting bankruptcy claims against A in the bankruptcy procedure after division, or take over the bankruptcy claims as such. B. Upon A’s failure to repay its obligations to the creditor financial institutions, etc., the Intervenor’s creditor financial institutions constituted a creditor financial institution’s consultative council on August 26, 1998 and discussed on A’s normalization of management.

2) On November 25, 199, the creditor financial institutions council opened the fourth meeting on November 25, 199 and decided to divide the trade sector and the construction sector among the A’s business sector in accordance with the procedures of division under the Commercial Act. 3) Accordingly, A and creditor financial institutions made an agreement on March 15, 200 on the A’s corporate improvement work (hereinafter “instant agreement”).

Article 1 (Purpose) (1) Corporate restructuring agreement and corporate restructuring agreement, because liabilities borne by creditor financial institutions, etc. are not repaid in accordance with the original agreement due to insolvency of financial structure A.

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