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(영문) 서울중앙지방법원 2015.09.25 2014가합584848
정산금 청구
Text

1. The Defendant’s KRW 891,00,000 for the Plaintiff and 6% per annum from December 3, 2014 to September 25, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of taking over and transferring bonds, security rights, and other property rights in accordance with the asset-backed securitization plan to be registered with the Financial Services Commission under the Asset-Backed Securitization Act, and the Defendant is a corporation established for the purpose of banking business under the Banking Act

(A) No. 1, 2). (b)

Pursuant to the rapid increase of the exchange rate in around 2008, Taesan Liber Co., Ltd. (hereinafter referred to as " Taesan ELD") filed an application for commencement of rehabilitation procedures with the company applying for a net loss of KRW 7,68.2 billion due to damage under the monetary option derivatives financial contract.

Since then, the creditor financial institutions agreed to seek rehabilitation through corporate restructuring under the Corporate Restructuring Promotion Act with respect to Taesan ELD, the application for commencement of rehabilitation procedures was withdrawn, and the creditor financial institutions and the corporate restructuring procedures were conducted since October 2008. At the time, the financial institutions, which were holding claims against Taesan ELD, were organized by the creditor financial institutions council, and the defendant became the principal creditor bank among the above financial institutions.

(B) No. 2)

On January 23, 2009, the creditor financial institutions council of the creditor financial institutions 1) the defendant, as the principal creditor bank of the creditor financial institutions council of Taesan Island, referred on January 23, 2009, to the creditor financial institutions council of the creditor financial institutions 1: the case of creditor financial institutions : the case of creditor financial institutions : the case of creditor financial institutions : the case of creditor financial institutions excluding the creditor financial institutions : the case of creditor financial institutions : the case of subparagraph 3; the case of creditor financial institutions : the case of creditor financial institutions : the case of creditor financial institutions : the case of creditor financial institutions : the creditor financial institutions council has passed all the above three cases by means of a written resolution (

(2) At the time of the resolution, the agenda items No. 1 included matters pertaining to the computation of the voting rights. However, the computation of the voting rights of the creditor’s association shall be based on October 9, 2008.

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