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(영문) 서울중앙지방법원 2017.12.19 2017가합502137
주식등 인도청구
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. The Defendants are financial institutions or companies holding the claims, etc. against B Co., Ltd. (hereinafter “B”), members of the creditor financial institutions council of creditor financial institutions B (hereinafter “creditor’s council”), and Defendant Korea Standards Bank (hereinafter “Defendant Stick Bank”) is the principal creditor bank of the said council.

B The joint management procedure under the Corporate Restructuring Promotion Act was commenced in 2012.

B. The creditors' consultative council held that it is difficult to normalize B's business normalization due to the joint management proceeding, and around April 2016, concluded the joint management proceeding and promoted the management normalization plan by selling the bonds, stocks, and the bonds held by the other creditor financial institutions, etc. against B owned by the Defendant Standards Bank.

C A Co., Ltd. (hereinafter referred to as “C”) was selected as a priority negotiating party by participating in the bidding procedure for the sale of the above bonds, stocks, etc. conducted by Defendant SPD Bank on December 2015.

Article 1 (Purpose) The purpose of this Understanding is to determine all matters relating to the purchase (hereinafter referred to as “the purchase and sale of this case”) by C of all rights, obligations, stocks, and bonds, and any rights (including, but not limited to, interest, guarantee of maturity, and compensation for damages, etc.) owned by the Defendant Stackd Bank against B (hereinafter referred to as “this case”).

Article 3 (Approval of Creditors' Consultative Council) Defendant Stick Bank is a principal bond bank of the Creditors' Consultative Council B, which is approved by the Creditors' Consultative Council on this case by convening, not later than February 29, 2016, a meeting of the Creditors' Consultative Council to approve the completion of the procedures for the sale and purchase of this case and the workout program under the Corporate Restructuring Promotion Act.

Article 4 (Conclusion of Sales Contracts, Payment of Purchase Price, and Transfer of Ownership) ① Defendant Stick Bank and C shall be this case.

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