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(영문) 서울고등법원 2018.07.13 2018나2005506

주식등 인도청구

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1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

Basic Facts

A joint management proceeding under the Corporate Restructuring Promotion Act was commenced around 2012 with respect to the status B Co., Ltd. (hereinafter referred to as “B”).

The Defendants are financial institutions or companies holding claims, stocks, etc. against the Defendants, and are members of the Council of Creditor Council B, and Defendant Korea Standards Bank Co., Ltd. (hereinafter “Defendant Scid Bank”) is the principal creditor bank of the said Council of Creditor Council.

The Council of Creditor Financial Institutions concluded that it is difficult to normalize B’s business management due to the procedures for joint management under the Corporate Restructuring Promotion Act, and that it terminated the joint management procedures and promoted the management normalization plan by selling the bonds held by Defendant Switzerland Bank and the bonds held by other creditor financial institutions, etc. around April 2016.

Accordingly, in order to sell the bonds, such as loan claims, corporate bonds, etc. (hereinafter “instant stocks, etc.”) against the issued stocks and B, listed in the separate sheet owned by the Defendants, the Defendant SPD bank, the principal creditor bank, selected Samil Accounting Corporation as the sales main agent around December 2015 and proceeded with the open tendering procedure.

(hereinafter referred to as “instant tendering procedure”). A corporation (hereinafter referred to as “C”) in which D serves as a representative director was selected as a priority bidder by participating in the tendering procedure in this case.

On December 31, 2015, Defendant Switzerland Bank entered into the instant memorandum of Understanding shall be KRW 20 billion according to the details set forth in the public notice of tender between C and C, and a performance guarantee of KRW 925 million shall be paid within one day from the date of conclusion of the sales contract, and KRW 18.5 billion shall be paid within one day from March 31, 2016, and other claims and equity securities held by the creditor financial institutions consultative council excluded from the subject of this case.