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(영문) 서울중앙지방법원 2014.01.17 2012가합98336
손해배상
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts falling under any of the following subparagraphs may be found either in dispute between the parties or in full view of the respective descriptions of Gap evidence 1 to 4, Eul evidence 2 to 5, 8, 9, 11, and 18 (including paper numbers), and the whole purport of the pleadings:

The plaintiff is a financial investment business entity under the Financial Investment Services and Capital Markets Act, and the defendant is a bank authorized by the Banking Act.

In addition, the original defendant is the creditor financial institutions of the Southern Mine Construction Co., Ltd. (hereinafter referred to as the “Seoul Mine Construction”).

B. On June 2010, the Southern Mine case applied for the joint management procedures of creditor financial institutions under the former Corporate Restructuring Promotion Act (amended by Act No. 8572 of Aug. 3, 2007) (hereinafter “joint management procedures”) (hereinafter “joint management procedures”).

Accordingly, on July 5, 2010, creditor financial institutions began joint management by creditor financial institutions under the creditor financial institutions' creditor financial institutions' council pursuant to Article 8 and Article 7 (1) 1 of the former Corporate Restructuring Promotion Act, and the defendant became the principal creditor bank of the said creditor financial institutions' creditor financial institutions.

C. At the time of holding the working-level meeting of the creditor financial institutions as of May 11, 2012 and June 7, 2012, the result of the verification was reported that the remaining mining shortage funds amount to approximately KRW 74.6 billion, and that the settlement funds of bills with maturity on July 3, 2012 fall to KRW 37.7 billion.

Therefore, at the above working-level meeting, creditor financial institutions should provide new funds, and most of the creditors of the non-agreement on the recommendation of the remaining luminous area (the creditors of the commercial transactions in South and North Korea issued bills from South and the bank discounted bills) also expressed their opinions that they should take measures to rearrange claims for the normalization of the management of the remaining luminous area.

In this regard, the late 15th day of June 2012 is to pay to creditor financial institutions only 15% of the non-Conventionable bonds, and the remaining 85% of the bonds is to be paid.

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