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(영문) 서울고등법원 2017.04.14 2016나2044095
손실분담금 청구의 소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasons for the entry in this case by the court of first instance are as follows: ① in the first instance judgment No. 10th [based grounds for recognition] of the first instance court’s judgment, “part of A’s testimony” is added to “the testimony of the party witness”; ② in the 13th judgment of the first instance court, the “Special Cases Concerning Law” in the main sentence of Article 3(1) of the Act on Special Cases Concerning Encouragement, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sept. 25, 2015) is stipulated as “the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Encouragement, etc. of Legal Proceedings”; ③ The supplementary interpretation claimed by the defendant in the trial of the first instance is the same as the entry

2. Additional matters to be determined;

A. The Defendant’s assertion that the Defendant’s creditor banks could not at the time of the 7th FTPP Voluntary Council, at the time of the 7th FTPP Voluntary Council, have foreseen that the failure of the obligation to share the loss under the proposal No. 7 itself may result in

If creditor banks have predicted that such a result may be caused at the time, the proposal of Nos. 4, 5, and 6 was adopted against the defendant, or that at least the amount of operating funds would not be shared by the defendant, and due to such mistake, creditor banks did not agree on how to adjust the loss apportionment among the creditor banks if they did not establish the obligation to share the loss of the second production financing.

Therefore, if a supplementary interpretation of the bill No. 4, 5, 6, and 7 is made, it should not be deemed that the defendant's obligation to share losses pursuant to the bill No. 7, other than the defendant, is not established if the obligation to share losses is not established.

B. As seen earlier, the creditor banks shall be deemed to have determined “the resolution of the company’s loss and the FTPP Voluntary Council” in the proposal resolution of the 7th FTPP Voluntary Council No. 7 as the requirement for the apportionment of loss.

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