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(영문) 서울고등법원 2015.12.16 2015나2059595
정산금 청구
Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

2...

Reasons

1. Basic facts

A. 1) Taesan ELD Co., Ltd. (hereinafter “ Taesan ELD”) in the course of corporate restructuring proceeding against Taesan ELD Co., Ltd.

A) Around 2008 when the exchange rate rise, the Plaintiff filed an application for commencing corporate restructuring with net losses equivalent to KRW 768,200,000,000 due to the damage caused by the so-called KIKO currency option contract, and subsequently withdrawn the application for commencing corporate restructuring as seen below. 2) Upon the process of corporate restructuring, financial institutions (hereinafter “creditors of the instant financial institutions”) holding claims against Taesan Highdi (hereinafter “the instant financial institutions”) reached an agreement to seek corporate restructuring with respect to Taesan Highdi pursuant to the former Corporate Restructuring Promotion Act (amended by Act No. 8572 of Aug. 3, 2007 and amended by Act No. 8863 of Feb. 29, 2008; hereinafter “former Promotion Act”). From October 208, the corporate restructuring procedure was conducted with respect to Tae Highdidi.

Accordingly, the creditor financial institutions of this case were organized by the creditor financial institutions of this case, which were merged with the Han Bank prior to the merger (Korea Exchange Bank on September 1, 2015, and Korea Exchange Bank changed its trade name to Han Bank on the same day; hereinafter “Defendant”).

B. On January 23, 2009, the creditor financial council council's resolution 1) The defendant, as a principal creditor bank, presented three agenda items of "the proposal of subparagraph 1: the creditor financial council's resolution of January 23, 2009" to the creditor financial council's resolution of January 23, 2009, "the proposal of subparagraph 2: the exclusion of creditor financial institutions with small claims, and the proposal of subparagraph 3: other matters: the creditor financial council's resolution of all the three agenda items (hereinafter "resolution of the council of this case") by means of a written resolution.

(2) The proposal of subparagraph 1 passed at the time includes matters concerning the computation of voting rights. According to this, the voting rights of the creditor financial institutions council shall be held on October 9, 2008.

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