logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.02.01 2016가합577653
회사에 관한 소송
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff and the Defendant are financial institutions that granted credit to the Intervenor joining the Defendant, and the Corporate Restructuring Promotion Act (hereinafter “Promotion Act”).

The Plaintiff is a financial creditor on the grounds that the Plaintiff is a member of the Financial Consultative Council against the Intervenor’s Intervenor, and the Defendant is the principal creditor bank of the Intervenor’s Intervenor. 2) The Intervenor’s Intervenor (the Intervenor’s Intervenor’s Intervenor’s Intervenor’s change from the “Stec Co., Ltd.” on December 19, 2016 to the “Stecia Co., Ltd.”) was established for the purpose of engaging in the manufacture and sale of the plastic finished products, and completed the joint management procedures under the Weather Act.

B. Resolution 1 of the Council of Financial Creditors 1) The Defendant filed an application with the Defendant, the principal creditor bank, for a joint management proceeding with the Council of Financial Creditors, in a situation where it is difficult to perform the obligation normally, such as the repayment of loans to the financial creditors. 2) On November 28, 2016, the Defendant notified the Plaintiff and the financial creditors of the convening of the Council to determine whether to commence the joint management proceeding, and requested their opinions on the agenda.

3) An agenda item in the separate sheet of resolution (hereinafter “instant agenda item”)

Of the above proposal No. 3, the part related to redemption and debt-equity swap of financial claims under paragraph (3) is related to the redemption and debt-equity swap of financial claims against the Intervenor joining the Defendant, and subsequent unsecured claims are divided into secured claims and unsecured claims, and the cash redemption rate is 15.2% of cash redemption rate, regardless of personal security, and the remaining claims are deemed to be converted into equity and the repayment rate is the same.

arrow