위약금 청구의 소
1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. On November 20, 2012, Sorac Korea Co., Ltd. (hereinafter “Co.”), a principal creditor bank, filed an application for commencement of joint management procedures of creditor financial institutions under the former Corporate Restructuring Promotion Act (amended by Act No. 10684, May 19, 201; hereinafter “former Promotion Act”) with the Plaintiff Bank, the principal creditor bank, pursuant to Article 2(2) of the Addenda.
B. Both the Plaintiffs and the Defendants are the members of the soft Korea Council of Creditor Council (hereinafter “Council”) as creditor financial institutions against Soft Korea (hereinafter “Council”).
C. On December 16, 2013, the Plaintiff Woori Bank notified the creditor financial institutions affiliated with the Council of the fourth session of the following contents:
Sub-paragraph : Notice of Holding the Fourth Council
2. Under the former Promotion Act, after reviewing the agenda items and written resolution of the fourth Council under consideration, the resolution shall be submitted before and after December 24, 2013.
3. The issue of whether the written resolution passed shall be determined at the time of sending written notice to the creditor financial institutions belonging to the Council.
Date of resolution: December 24, 2013
Resolution Method: Documentary Resolution
(c) Agenda items: Cases of providing new funds, etc.
D. The “case of new funds support, etc.,” which is the agenda referred to the fourth Council (hereinafter “instant agenda”), is a case in which the creditor financial institutions belonging to the Council provide new support in proportion to the amount of credit amount of 32 billion won to Soraac Korea by March 31, 2016. The Defendants and other financial institutions, etc., should submit to the principal creditor bank a statement of apportionment of losses equivalent to the relevant amount, instead of providing new funds. In the event of nonperformance of the resolution, the following matters are included therein:
In the event of failure to implement the Resolution, 10 days have passed after the request for a written correction by the principal creditor bank pursuant to Article 21 of the former Promotion Act.