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(영문) 서울고등법원 2018.02.27 2017나2049028
변경결정청구
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The plaintiff's defendants added to the trial room.

Reasons

1. Facts of recognition;

A. The execution of the instant development project and the occurrence of joint and several liability claims 1) new ditches Co., Ltd. (hereinafter “new ditches”).

2) The project site of this case is the project site of this case and 417-2 and 248 lots of land (hereinafter referred to as “instant project site”).

2) The project to build a collective housing (hereinafter “instant development project”)

In order to implement the Company, the Defendant Bank Co., Ltd. (hereinafter referred to as the “Defendant Bank”) on June 3, 2008

(B) A project derivatives loan agreement was concluded between 16 financial institutions including B and 16 financial institutions to obtain a loan of KRW 265 billion and received a loan of KRW 263.7 billion (hereinafter referred to as “claim of this case”) (hereinafter referred to as “claim of this case”)

2) 2) The Promotion Enterprise Co., Ltd. (hereinafter “Promotion Company”) as the contractor of the instant development project (hereinafter “Promotion Company”) jointly and severally guaranteed the instant loan obligations.

(hereinafter) The claims and obligations arising out of the above joint and several sureties shall be “the instant joint and several sureties claim” or “the instant joint and several sureties obligation”.

(1) The promotion company has deteriorated its financial status from around 2009 to the commencement of management procedures under the former Corporate Restructuring Promotion Act for the promotion company. Accordingly, the "Voluntary Council of Creditor Banks for the promotion company" (the creditor banks for the promotion company as an organization constituted by the creditor banks agreement) is a member of the promotion company, and the defendant bank is the principal creditor bank.

hereinafter referred to as the "autonomous council of creditor banks of promotion enterprises"

A) On February 201, 201, the Promotion Company and the Promotion Company are restructuring procedures for the Promotion Company on the basis of the “creditor Bank Convention” (so-called “private workouts”).

(2) On April 29, 201, the autonomous council of creditor banks of promotion companies held the autonomous council of creditor banks (referring to the meeting itself held by the autonomous council of creditor banks of promotion companies) and passed a resolution on the “plan for business normalization of promotion companies”.

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