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(영문) 서울중앙지방법원 2013.09.10 2013가합510970
손실분담금 청구
Text

1. The defendant shall grant the plaintiff Korea Development Bank KRW 559,041,327, the plaintiff Industrial Bank of Korea KRW 470,674,418, and the plaintiff.

Reasons

1. Basic facts

A. The plaintiffs, the non-party Export-Import Bank of Korea and the defendant shall be the creditor financial institutions of the non-party Spanst Co., Ltd. (hereinafter referred to as "non-party company").

B. The commencement of the Fast-Tk program against the non-party company 1) The number of small and medium enterprises suffering from business difficulties due to temporary liquidity problems caused by domestic and foreign financial instability, etc., and the creditor financial institutions together provide small and medium enterprises with the loans and conversion of the settlement money for losses in currency option transactions, extension of maturity, reduction of interest rates, reduction of interest rates, conversion into investment, new funds, and other similar methods, thereby promoting the normalization of the customer company, and the small and medium enterprise Fast-Tk program (hereinafter “FTPP”) to enhance the financial soundness of creditor banks.

2) The FTP Joint Operation Guidelines, and the FTP Joint Operation Guidelines, were established. The key contents of the FTP Joint Operation Guidelines and the Credit Bank Operation Agreement, to which the said Guidelines shall apply, are as follows:

4. The term "Self-Governing Council" (hereinafter referred to as the "Self-Governing Council") means a consultative council between creditor banks that hold or are scheduled to hold claims against the company in question.

5. The term "capital invested company" means an enterprise selected as an enterprise eligible for liquidity support by creditor banks or autonomous councils;

6. The term "creditor bank" means any of the following agencies that shall comply with these guidelines:

Financial institutions authorized by the Banking Act

(c) Export-Import Bank under the Export-Import Bank Act;

(f) The Korea Technology Credit Guarantee Fund under the Korea Technology Credit Guarantee Fund Act;

7. The term "principal creditor bank" means a creditor bank that holds the largest amount of claims;

(4) Any of the following enterprises may be excluded from the eligibility for selection:

1. Debtor Rehabilitation and Bankruptcy Act;

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