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(영문) 서울중앙지방법원 2019.12.19 2017가합529811
보증채무금 등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On January 6, 2010, with respect to Defendant C Co., Ltd. (hereinafter “Defendant C”), the procedures for joint management by creditor financial institutions under the former Corporate Restructuring Promotion Act (amended by Article 2(1) of the Addenda (No. 8572) were commenced on December 31, 2010) (hereinafter “instant joint management procedures”) and completed on December 29, 2015.

B. Defendant Korea Development Bank (hereinafter “Defendant Bank”) as the principal creditor bank of Defendant C’s creditor financial institutions council (hereinafter “the instant council”), who was in charge of convening and operating the instant council, represented the instant council.

C. On June 26, 2015, Plaintiff A limited liability company (hereinafter “Plaintiff A”) entered into a claim acceptance agreement with five creditor financial institutions, including D, E, F, G, and H Co., Ltd. among creditor financial institutions, and the said five creditor financial institutions acquired the instant claim for PF loan and its claim against Defendant C (hereinafter “instant principal claim”), which the said five creditor financial institutions have against I, J, and the guarantee claim against Defendant C (hereinafter “instant guarantee claim”).

As a member of the Council of this case, Defendant C and K, and became a party to the Agreement as the principal creditor bank of the Council of this case.

On April 13, 2010, Defendant C entered into an agreement on the implementation of the management normalization plan (hereinafter “instant implementation agreement”) with the following terms and conditions, Article 2 (Implementation of the management normalization plan) (2) A (hereinafter “A”) and C (hereinafter “Defendant C”; hereinafter “B”) and C (K) have been resolved by the Consultative Council and the creditor financial institutions operating committee of the instant case for the purpose of promoting the business improvement project.

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