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(영문) 서울고등법원 2017.10.20 2017나19205
사채상환
Text

1. All appeals against the plaintiffs' treatment of defendant corporation are dismissed.

2. The plaintiffs' defendant corporation.

Reasons

1. Progress of litigation;

A. On February 17, 2005, the Plaintiffs filed a lawsuit claiming the redemption of overseas convertible bonds issued by the Defendant Treatment Co., Ltd. against the Defendants (hereinafter “Defendant Spanco Treatment”) as Seoul Central District Court 2005Gahap13146 on March 14, 2016.

B. On June 22, 2006, the above court rendered a judgment in favor of all the defendants on the ground that the defendant corporation's treatment did not follow the creditor protection procedure in the course of corporate division: "for the plaintiffs jointly and severally, 5% per annum from March 27, 2002 to April 13, 2005; 20% per annum from the next day to the date of full payment; 5% per annum from March 27, 2002 to April 24, 2006 to the date of full payment; 20% per annum from the next day to April 24, 2006 to the date of full payment; 5% per annum from March 27, 2002 to April 24, 2006 to the date of full payment; 20% per annum; and 30% per annum from the next day to the date of full payment."

C. The Defendant Daewoo Construction Co., Ltd and the Defendant Spanco Treatment Co., Ltd. appealed from this Court No. 2006Na64865. This Court revoked the judgment of the first instance on June 27, 2008 and rendered a decision to dismiss the Plaintiffs’ claims against the said Defendants.

The plaintiffs appealed against the above appellate judgment by Supreme Court Decision 2008Da54587, but the Supreme Court dismissed the plaintiffs' appeal on January 28, 2010 and the above judgment became final and conclusive.

E. On July 15, 2016, the Plaintiffs filed the instant lawsuit against the Defendants for the extension of the prescription period for bond redemption claims pursuant to the Seoul Central District Court Decision 2005Gahap13146.

【Ground for recognition】 The fact that there is no dispute, Gap's evidence No. 1, and the purport of the whole pleading

2. As to the part of the claim against Defendant Treatment among the instant lawsuit, the court of first instance on the lawfulness of an appeal against Defendant Treatment is in accordance with the main sentence of Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings amended on September 25, 2015, pursuant to the statutory interest rate applicable to the portion of the claim against Defendant Treatment.

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