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(영문) 서울중앙지방법원 2016.06.10 2015가합540685
손실분담금 청구의 소
Text

1. The Defendant’s KRW 4,563,00,000 as well as 20% per annum from July 29, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, including the parties, is a bank established for the purpose of lending funds necessary for farmers and cooperatives, such as agricultural and fishing villages funds, etc. under the Agricultural Cooperatives Act on March 2, 2012, after division of financial business sector, such as credit business, mutual aid business, etc. of the National Agricultural Cooperative Federation. 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

Both the Plaintiff and the Defendant are the creditor banks of the Gwangju Heavy Industries Co., Ltd. established for the purpose of shipbuilding business, etc. (hereinafter referred to as “Stact Heavy Industries”).

B. Along with the increase in the number of small and medium enterprises having difficulties in management due to temporary liquidity due to the lack of domestic and foreign financial markets unstable, etc., creditor banks jointly set up an FTTP program to jointly operate the FTP program that provides support for small and medium enterprises by means of the conversion of monetary option transaction losses into loans and extension of maturity, occurrence interest reduction, reduction of interest rate, reduction of interest rate, conversion into investment, new funds, and other similar methods (hereinafter “FTP”), and set out guidelines for the joint operation of FTP.

According to the FTPP Joint Operation Guidelines, the FTPP Voluntary Council refers to a consultative body between creditor banks holding or scheduled to hold claims against the company.

(Article 2 (4) (2) The defendant, the principal creditor bank of the Gwangju Heavy Industries, experienced managerial difficulties due to liquidity shortage. On November 6, 2008, the first FTP autonomous council was convened on November 6, 2008, and the first FTP autonomous council held on November 11, 2008 passed a resolution to start the FTP for the Gwangju 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)for the light industry;

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