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(영문) 서울중앙지방법원 2016.01.07 2015나19147
대여금
Text

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

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

purport, purport, and.

Reasons

1. The reasons for the entry in this case are as follows: “The principal and interest of the instant loan obligation shall be KRW 12,597,369,842 in total as of July 1, 2014 (i.e., the principal amount of KRW 6,597,369,842 (i.e., the damages for delay of KRW 6,000,000,000),” and “Defendant A” in Chapter 7 is amended to “Defendant A,” and “Defendant A” in Chapter 16 shall be amended to “Defendant A,” with the exception of adding the judgment as referred to in the following 2 paragraphs, and this shall be cited as it is as of the reasons for the judgment of the first instance except for the addition of the judgment as to the matters alleged by the Plaintiff at the trial.

2. Additional matters to be determined;

A. The Plaintiff asserts that the instant council’s resolution of deferment of the repayment period passed by the promotion mutual savings bank on March 23, 201, prior to being declared bankrupt, also remains effective for the Plaintiff. However, the instant council’s resolution of December 23, 2014, which was resolved on December 23, 2014, after the promotion mutual savings bank was declared bankrupt, has no effect on the Plaintiff, a bankruptcy trustee

However, the former Corporate Restructuring Promotion Act was enacted in accordance with the realistic consideration that there is a limit to any extent in coordinating claims or imposing obligations to provide new loans through an autonomous agreement between creditor financial institutions. In light of such legislative purpose, the former Corporate Restructuring Promotion Act stipulates all financial institutions that have extended credit to an enterprise showing signs of insolvency as “creditor financial institutions” and, in principle, all creditor financial institutions, other than small-sum creditor financial institutions whose exclusion has been decided, shall be members of the Council, and the creditor financial institutions that do not want joint management procedures shall be able to escape from the joint management procedures of creditor financial institutions by granting the right to claim claims against creditor financial institutions that do not want joint management procedures, on the ground that creditor financial institutions

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