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1. The defendant shall pay 7,952,00,000 won to the Korean Bank Co., Ltd. and 417,000,000 won to the Korean Bank Co., Ltd.
Reasons
1. Facts of recognition;
A. The Plaintiff National Bank Co., Ltd. (hereinafter “Plaintiff National Bank”) and the Plaintiff Korean Bank Co., Ltd. (hereinafter “Plaintiff Korean Bank”) are banks established for the purpose of banking business prescribed by the Banking Act. The Defendant is a bank established under the Export-Import Bank of Korea Act for the purpose of providing financial services necessary for external economic cooperation, such as export and import, overseas investment, and overseas resources development.
Both the plaintiffs and the defendant are the creditor banks of the Sejong Heavy Industries Co., Ltd. established for the purpose of shipbuilding business, etc. (hereinafter referred to as the "Seong Heavy Industries").
B. Fast-Tk program commencement 1) Small and Medium enterprises having difficulties in management due to temporary liquidity shortage due to domestic and foreign financial instabilitys, etc. increase in small and medium enterprises. Creditor banks are associated to jointly provide loans and conversion of monetary option transaction losses to loan and extension of maturity, occurrence interest reduction and exemption, reduction of interest rate, conversion into investment, new funds, and other similar methods to support small and medium enterprises (hereinafter “FTP”).
FTP Voluntary Operation Guidelines were established. According to FTP Joint Operation Guidelines, the term “FTP Voluntary Council” means a consultative body between creditor banks holding or scheduled to hold claims against the relevant company (Article 2 subparag. 4) (Article 2 subparag. 2). The Defendant, who was the principal creditor bank of the Sejong Heavy Industries, was due to liquidity shortage, convened the first FTP Voluntary Council on November 6, 2008, and the creditor banks of the Gwangju Heavy Industries, which were held on November 11, 2008, resolved to start the FTP for the Sejong Heavy Industries.
3. The second FTPP Voluntary Council held on December 4, 2008 changed the principal creditor bank from the defendant to the Korea Development Bank.
(c)to provide new funds for the light industry;