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(영문) 서울고등법원 2015.01.30 2013나2000629
손실분담금
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 for this part of this Court is that the corresponding part of the judgment of the court of first instance (paragraph 1) is the same as that of “the corresponding part of the judgment of the court of first instance,” and thus, it is acceptable in accordance with the main

2. Issues and the parties' arguments

A. The issue 1) As to the “production financing up to USD 35 million,” which the Plaintiff provided to the Gwangju Heavy Industries, the fact that the Defendants are liable to share losses pursuant to the proposal of the 7th FTP Voluntary Council (hereinafter the above production financing is referred to as the “first production financing”), and the production financing of USD 125 million, which the Plaintiff provided from July 7, 2009 to the Plaintiff is referred to as the “second production financing,” and the new funds provided by the remaining creditor banks are referred to as the “operating funds.”

A) However, if the Plaintiff is able to claim a loss apportionment against the Defendants, (1) operation funds (=total amount of KRW 108.87 billion (i.e., total amount of KRW 28.87 billion (i.e., KRW 80 billion according to the decision of June 30, 2009)) from the amount of loss apportionment that the Plaintiff may claim against the Defendants in relation to production financing should be deducted from the amount of loss apportionment that the Defendants may claim against the Plaintiff. However, if the Plaintiff’s losses related to the primary production financing were to be deducted from the amount of loss apportionment, the Plaintiff should pay a loss apportionment to the Defendants (i.e., KRW 7., KRW 7.7 billion for Defendant Bank, KRW 4.7 billion for Defendant Bank, KRW 4.7 billion for Defendant Bank, and KRW 7.7 billion for Defendant Bank’s production financing contribution). Therefore, in order to recognize the difference between the Plaintiff’s claim and the Plaintiff’s second production financing contribution amount of KRW 7.7 billion for Defendant Bank’s production financing contribution.

No. 7 of the 7th Autonomous Council.

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