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(영문) 서울고등법원 2016.09.23 2015나2072277
정산금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the judgment of the court of first instance and the summary of the parties' arguments are as follows: (a) each of the "defendants" in the two pages 13 and 14 of the judgment of the court of first instance, except for the entry into "the plaintiff", and is identical to "1. Basic Facts" and "a summary of the parties' arguments" in the reasoning of the judgment of the court of first instance; (b) thus, they shall be quoted

2. In light of the following circumstances revealed by the facts acknowledged earlier, the evidence as seen earlier, Gap-10, 19, 20 evidence, and Eul- 4 and 5 evidence, and the purport of the entire pleadings, it is reasonable to view that among the resolution of the 15th Council of the instant case, “the acquisition of claims for the amount of the settlement of profits and losses calculated by the method of settlement of profits and losses, including the accrued interest of the pertinent claims at the time of the acquisition of claims for the amount of the settlement of profits and losses,” is applicable only to the first settlement of profits and losses, and it is difficult to view the contents of the said resolution to be applied to the last settlement of profits and losses

The plaintiff's above assertion is without merit. A.

In the second conference of this case, the new funds shall be subsidized by each creditor financial institution in accordance with the “ratio of the standard amount of the profit and loss settlement,” and the above ratio shall be calculated by subtracting the amount of the deposit security held by each creditor financial institution, excluding the amount of the RG (Advance refund guarantee claim) for the ships at anchor in the outside port after the completion of construction from the total amount of the credit amount of the first conference prior to the date of notification of the convocation of the first conference of this case (the date of December 17, 2009), and then the amount of the standard amount of the settlement of profits and losses (the amount of the standard amount of the settlement of profits and losses shall be calculated by multiplying the total amount of the credit of each financial institution prior to the date of suspension of joint management procedures by the “ratio of the credit amount of the financial institution’s “ratio of the standard amount of the profit and loss settlement” of the relevant creditor financial institution.

(b)in this case;

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