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1. The Defendants, upon arrival of December 31, 2015, jointly and severally, KRW 73,000,000 to the Plaintiff and its related matters on December 3, 2013.
Reasons
1. Basic facts
가. 당사자들의 지위 1) 원고는 은행법에 의하여 인가를 받은 금융기관으로 주식회사 다쏘앤컴퍼니(이하 ‘소외 회사’라 한다
(2) As of July 31, 2013, the Defendants held the claims amounting to KRW 638 billion against Nonparty Company as of July 31, 2013. As of July 31, 2013, the Defendants also held claims amounting to KRW 4 billion with the Industrial Bank of Korea as the creditor banks against Nonparty Company; KRW 100 million with the Defendant Woori Bank as of July 31, 2013 (hereinafter “Defendant Woori Bank”); KRW 26 million with the Defendant New Bank (hereinafter “Defendant New Bank”); KRW 47 million with the Defendant New Bank; and KRW 1.246 million with the Korea Technology Credit Guarantee Fund.
B. 1) The non-party company was classified as an enterprise showing signs of insolvency as a result of credit risk assessment, and the Plaintiff and the Defendants, a creditor financial institution, were amended by Act No. 10866, Jul. 21, 2011; and is effective until December 31, 2013; hereinafter “former Promotion Act”).
The former Promotion Act shall not apply to the non-party company whose total amount of credit extended is not less than 50 billion won (Article 2 subparag. 4 of the former Promotion Act), and the former Promotion Act shall not apply to the non-party company whose total amount of credit extended is less than 50 billion won. However, in the instant case, the provisions of Article 22 of the Operating Convention of the Creditor Bank Council, which is disputed in the interpretation between the Defendants, are similar to the provisions of Article 24 of the former Promotion Act (the right to claim a claim by the counter-creditor) (hereinafter “Operation Convention”).
2) Article 20 of the Operating Convention on the Management of the Creditor Banks (see, e.g., evidence A) provides that a creditor bank’s joint management procedure shall be initiated. Meanwhile, the main contents of the instant Operating Convention are as follows (see, e.g., evidence A).