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(영문) 서울고등법원 2018.08.31 2018나2010584
회사에 관한 소송
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited this case is as follows, and the reasoning of the judgment of the court of first instance is identical to that of the court of first instance, except for further determination as to the Plaintiff’s assertion as set forth in paragraph (3). As such, the same shall be cited pursuant to the main sentence of Article 420

2. The second 10th 2th 10th tier of the judgment of the court of first instance (hereinafter “former Corporate Restructuring Promotion Act”) was enacted and implemented as Act No. 14075 on March 18, 2016, and its effect on July 1, 2018 pursuant to Article 2(1) of the Addenda.

c. The term “Promotion Act”

"I have sawed."

The 8th to 8th 20 parallels in the judgment of the first instance shall be followed as follows.

[2) As part of the Defendant’s Defendant’s Defendant’s debt, which is a joint and several surety, has been reduced or adjusted to the same extent within the same scope, according to the subsidiary nature of the guaranteed obligation, and in order to exclude the subsidiary nature of the guaranteed obligation, the joint and several surety should consent thereto.

Therefore, through the resolution of the council of this case, the agreement to exclude the subsidiary nature of the guaranteed obligation borne by the Crasia is reached.

Even if the agreement between such third parties alone does not exclude the subsidiary nature of the above debt, and the mere fact that there is no agreement on dance, the resolution of the council in this case cannot be said to violate the latter part of Article 17(1) of the Promotion Act or violates the principle of excessive prohibition under the Constitution.

On the other hand, the plaintiff asserts that the financial creditors' consultative council conducting the joint management proceeding should be composed of financial creditors, and the financial creditors' consultative council refers to a person who holds a claim that can be exercised against the company due to the extension of credit to the company or others, and Article 2 of the Promotion Act, Article 3, and Lesia against the defendant joining the defendant.

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