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(영문) 서울중앙지방법원 2017.08.22 2016가합552494
배당금 분배 청구
Text

1. The Defendant shall pay to the Plaintiff KRW 452,218,469 and the interest rate of KRW 15% per annum from July 21, 2017 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a special purpose company established pursuant to the Asset-Backed Securitization Act for the purpose of acquiring and transferring property rights, such as bonds and security rights, and the Defendant is a bank operating banking business in accordance with the Banking Act.

B. On June 28, 2010, the Central Construction Co., Ltd. (hereinafter “Central Construction”) filed an application for a joint management proceeding with creditor financial institutions under the former Corporate Restructuring Promotion Act (amended by Act No. 8572, Nov. 4, 2007; hereinafter “former Promotion Act”). Accordingly, the Central Construction Co., Ltd.’s creditor financial institutions’ creditor financial institutions’ creditor financial institutions’ creditor financial institutions’ creditor financial institutions’ creditor financial institutions’ creditor financial institutions’ creditor financial institutions’ creditor financial institutions’ creditor banks were constituted, and the creditor financial institutions’ creditor financial institutions’ creditor financial institutions’ creditor financial institutions’ creditor financial institutions’ creditor financial institutions’ creditor financial institutions’ creditor financial institutions’ joint management proceedings (hereinafter “instant joint management proceeding”).

C. On September 14, 2010, when the workout procedure of the instant case was in progress, the Second Creditor Council Council was held on September 14, 2010, and a resolution was made on six agenda items, including new funds support (Article 4).

(hereinafter “instant resolution”). Of the contents of the instant proposal No. 4, the parts related to the instant case are as follows:

Contents of Bills

1. Support for new funds: Total amount of 34,73 million won;

(a) General funds: 29,300 won;

(b) Limits: 5,433 million won; and

2. Criteria for sharing expenses:

(a) Standard for voting rights to and allocation of new funds: Support shall be provided according to the occupancy ratio of the amount of main bonds as of June 25, 2010, but credit sales claims, electronic loans, commercial discount bills, and credits at the business place of pF shall be excluded;

4. The central construction of the financial resources for repayment shall provide the financial resources of the specifications of new funds Support Security Act as security, and the principal creditor bank shall manage them as joint security of the creditor financial institutions providing new funds, and repay them by cash flow following the disposal of the provided security, etc., but the time and amount of repayment shall be determined by the principal creditor bank;

5. Pursuant to the proposal of the grant of preferential rights of reimbursement, new funds shall be provided under the former Promotion Act.

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