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(영문) 서울중앙지방법원 2018.09.13 2015가합574879
매매대금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff the amount of KRW 5,649,06,801 as well as the period from May 3, 2014 to September 13, 2018.

Reasons

Basic Facts

1) The plaintiff and the defendant Export-Import Bank of Korea (hereinafter referred to as the "Import-Import Bank") shall commence joint administrative proceedings under the Voluntary Agreement of the I Council

(B) Defendant B, Inc. (hereinafter “B”).

(C) Defendant C Co., Ltd. (hereinafter “C”)

(3) The Korea Trade Insurance Corporation (hereinafter referred to as the “Trade Insurance Corporation”)

(D) Defendant D Co., Ltd. (hereinafter “D”).

(E) Defendant E Co., Ltd. (hereinafter “E”);

(F) Defendant F Co., Ltd. (hereinafter “F”).

(B) Defendant G Co., Ltd. (hereinafter “G”)

Defendant H Co., Ltd. (hereinafter “H”)

(2) On May 18, 2010, the said creditor financial institutions entered into an autonomous agreement of the creditor financial institutions of HH (hereinafter “the instant autonomous agreement”) with the competent bank in charge of Defendant B (hereinafter “the instant council”) for the normalization of Defendant H’s management, and opened the joint management proceeding with Defendant H.

3) The main contents of the instant voluntary agreement are as follows. The purpose of Article 1 (Purpose) is to enhance the soundness of assets held by creditor financial institutions by efficiently promoting the management normalization of H through close cooperation among the creditor financial institutions. Article 5 (Business and Functions) of the Council shall deliberate and resolve on the enactment and amendment of the agreement by creditor financial institutions and the formulation of plans for the readjustment of claims and the extension of credit in relation to the normalization of H’s management. Article 8 (Application Mutatis Mutandis) of the Framework Act on the Management Methods and Procedures not provided for in this Convention shall apply mutatis mutandis to the methods of operation and procedures that were enacted by the former Corporate Restructuring Promotion Act (Act No. 12155, Jan. 1, 2014; hereinafter referred to as the “former Promotion Act”), the International Convention on the Operation of the Council, the International Convention on the Operation of Maritime Affairs and Fisheries (hereinafter referred to as the “Convention”), and the provisions of the guidelines for processing restructuring.

The Plaintiff, the opposing creditor, opposed to the 12nd agenda of the instant Council, and Article 8 of the instant Convention and Article 20 of the former Promotion Act.

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