logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.01.11 2017나2056163
매매대금
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court should explain in this judgment are as stated in the reasoning of the judgment of the court of first instance except for the cases where a part of the reasoning of the judgment of the court of first instance is changed as stated in the reasoning of the judgment of the court of first instance, and thus, it shall be cited by the main sentence of Article 420 of the Civil Procedure

2. Parts to be dried;

(a) in Part 14 of the 5th judgment of the first instance court, the part “Defendant Busan Industrial Bank” shall be amended to “Defendant Korea Development Bank”.

(b) Parts 3 to 11 of the decision of the first instance shall be written in the following manner:

A person shall be appointed.

3. Determination

(a) Article 1 (Purpose) of the former Promotion Act provides for matters necessary to facilitate prompt and smooth corporate restructuring, thereby facilitating regular corporate restructuring through market functions;

Article 20 (Right to Demand Purchase of Claims by Dissenting Creditors) (1) Where there exists a resolution of the Council under Article 18 (1) on any of the following matters, a creditor financial institution that objects to such resolution (hereinafter referred to as "sub-creditor") may request a creditor financial institution that has consented to a resolution of the Council (hereinafter referred to as "sub-creditor") to purchase its claims in writing, specifying the kind and number of claims, within seven days from the date of the resolution of the Council

In such cases, a creditor financial institution that may request the purchase of bonds shall be limited to a person who has not attended the Council or has attended the Council and expressed his/her opposing opinion in writing, and any person who has not requested the purchase of bonds within such period shall be deemed to have

1. Commencement of proceedings for joint administration by creditor financial institutions under Article 5;

(2) The supporting creditors shall jointly purchase the relevant bonds within six months from the date they receive a request under paragraph (1).

Provided, That bonds under paragraph (1) shall be issued.

arrow