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(영문) 서울중앙지방법원 2019.02.18 2018가단5153349
구상금
Text

1. As to KRW 231,580,659 and KRW 204,635,987 among the Plaintiff, the Defendant shall be from July 14, 2018 to the day of full payment.

Reasons

1. Basic facts

A. Party B Co., Ltd. (hereinafter “B”) is a company engaged in shipbuilding, repair, etc., and the Plaintiff, the Intervenor, the Plaintiff’s Intervenor (hereinafter “Assistant”) and the Defendant and the Defendant Co., Ltd. (hereinafter “C”) recognize B on January 29, 2009 as an enterprise showing signs of insolvency pursuant to the Corporate Restructuring Promotion Act and are creditor financial institutions, which are members of the D Council resolved to commence the work of joint management of creditor financial institutions.

B. The process of the joint management proceeding with respect to B and the D Council for Purchase Claim C (hereinafter “Council”) 1) B

B) On July 23, 2013, upon the resolution of the Council, C expressed its conditional consent to the cases of new financial assistance, etc. at KRW 130 billion to B, a bill of the Council No. 20, among the agenda items of the Council No. 20, and upon receipt of notification from the Plaintiff on July 24, 2013, C was subject to the resolution of the Council without obtaining C’s consent. Accordingly, C was subject to the resolution of the Council under Article 20(1) and Article 20(1) of the former Corporate Restructuring Promotion Act (amended by Act No. 10684, May 19, 201; hereinafter “former Promotion Act”) with respect to any of the following matters, and C may request a creditor financial institution and creditor financial institutions to purchase their claims within seven days from the date of the resolution of the Council under Article 18(1) of the former Corporate Restructuring Promotion Act (hereinafter “former Promotion Act”).

In such cases, a creditor financial institution that may request the purchase of bonds shall be limited to a person who has not attended the Council or has attended the Council and expressed his/her opposing opinion in writing, and a person who has not requested the purchase of bonds within such period.

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