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(영문) 서울고등법원 2016.04.21 2015나2045268
매매대금
Text

1. All appeals filed by the Plaintiff and the Defendants are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff, Defendant Korea Bank (hereinafter “Korea Bank”), Nonghyup Bank, Inc. (hereinafter “CF”), Daegu Bank (hereinafter “TF”), and Han Bank (hereinafter “TF”) are corporations operating banking business upon authorization under the Banking Act. Defendant Korea Development Bank is established under the Korea Development Bank Act, and Defendant Korea Development Bank is established under the Export-Import Bank Act, and Defendant Korea Development Bank is each special corporation established under the Korea Development Bank Act.

The Plaintiff and the Defendants are financial institutions, which are “creditor financial institutions” under Article 2 subparag. 1 of the former Corporate Restructuring Promotion Act (amended by Act No. 10684, May 19, 201; hereinafter “former Corporate Restructuring Promotion Act”) and granted credit to panty house (hereinafter “panty house”) to the creditor financial institutions, as prescribed by Article 2 subparag. 1 of the former Corporate Restructuring Promotion Act.

B. The first creditor financial institutions council and the first creditor financial institutions management proceeding commencement 1) panty houses have become more worse since 2014, and their business has become more worse, and Defendant Korea Development Bank, a principal creditor bank of panty houses, was placed in the situation where restructuring is necessary. On February 27, 2014, the Plaintiff, Defendant Korea Bank, Nonghyup Bank, Daegu Bank, Han Bank, the Export-Import Bank of Korea, the Export-Import Bank of Korea, the Korea Credit Guarantee Fund, and the

(3) The first creditor financial institutions consultative council of this case was requested to give notice of convening the first creditor financial institutions consultative council and to report credit extension pursuant to the Promotion Act (hereinafter referred to as “the said creditor financial institutions consultative council

(2) On March 5, 2014, the date, time, and place of the meetings of the first creditor financial institutions council were the 7th floor of the Korea Development Bank. The agenda was the organization and operation of the creditor financial institutions council of creditor financial institutions, the scope and period of deferment of exercising the claims under subparagraph 1, 2, the determination of the scope of claims subject to deferment of exercising the claims and the grace period under subparagraph 3, the evaluation of the continued capacity as assets, liabilities, history

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