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(영문) 서울중앙지방법원 2014.07.17 2013가합518622
기타(금전)
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) the amount of KRW 4,00,000,000 and the amount of KRW 1,00 from April 3, 2014.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a company with the purpose of building, repairing, and selling ships. 2) The Defendant is a special purpose corporation established by the Military Mutual-Aid Association, which is the Plaintiff’s major shareholder, for the purpose of acquiring the assets of the Plaintiff and managing and operating all rights incidental thereto or related thereto.

B. Around August 17, 2010 due to the business deterioration of the Military Mutual Aid Association, the Plaintiff entered into an agreement to implement the management normalization plan with the creditor financial institutions consultative council (total of 13 banks) holding claims against the Plaintiff. 2) On August 12, 2010, the Military Mutual Aid Association, as the Plaintiff’s major shareholder and creditor, promised to provide the Plaintiff with a claim for the remainder of the Plaintiff’s ship payments for vessel owners as collateral and to lend the Plaintiff’s operating funds within the limit of KRW 100 billion to the Plaintiff.

3) Meanwhile, since it was difficult for the Military Mutual Aid Association to directly provide funds to the Plaintiff due to relevant internal regulations, the Defendant was established as a special purpose corporation and the Defendant intended to provide funds to the Plaintiff via the Defendant. The method is to obtain a claim for the remainder of the ship from the Plaintiff, and to obtain a loan of KRW 100 billion from the Military Mutual Aid Association as security, and to provide funds to the Plaintiff by again paying the aforementioned loan to the Plaintiff as the purchase price of the remainder of the ship. 4) If the due date of the claim for the remainder of the ship provided as security prior to the loan of the loan agreement between the Military Mutual Aid Association and the Defendant arrives, the original and the Defendant entered into a new asset acquisition agreement on the claim for the remainder of the ship to which the due date will come, and ② the Defendant and the Military Mutual Aid Association terminate the pledge on the remainder of the ship due to the due date.

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