Mr Hyun S. Kim > Peter & Kim > Seoul, South Korea > Lawyer Profile

Mr Hyun S. Kim

Position

Hyun is a N.Y. qualified lawyer with over 24 years of experience. Hyun specializes in disputes arising out of capital markets/ corporate finance and M&A, with extensive experience in advising Asian corporate clients on a wide range of financings and cross border M&As.

Prior to joining Peter & Kim, Hyun was the Founding and Managing Partner of Clifford Chance Seoul office from 2011 until 2019. He also has worked at Skadden Arps in New York and Davis Polk & Wardwell in Tokyo and Hong Kong.

Hyun has also co-founded 2 start-ups, one in the 5pl logistics space and another document management solutions company, both located in Singapore.

AREAS OF EXPERTISE

• Capital Markets
• Mergers & Acquisitions
• Arbitration
• Project Finance

REPRESENTATIVE CASES

Arbitration

• Advised KEPCO in its arbitration against Hyundai E&C and Samsung Corporation (Barakah Nuclear Project / LCIA);
• Advised Hyundai Heavy Industries in its arbitration / settlement of 2 large international arbitration cases in connection with drilling rig disputes).

Mergers and Acquisitions

• Advised Saudi Public Investment Fund, the investment arm of the Saudi Government, in its acquisition of a 38% stake consisting of new and existing shares in POSCO Engineering & Construction Co., Ltd. for approximately USD 1.1 billion;
• Advised The Carlyle Group on its acquisition of ADT CAPS Co., Ltd. and other subsidiaries of Tyco Far East Holdings Ltd. for US$1.93 billion;
• Advised Samchully Asset Management Co., Ltd. in its acquisition of:                        –  a 34% stake in Cardinal Gas Service LLC from Total E&P USA, Inc., a midstream company operating in the Utica formation, and EV Energy Partners, L.P. ; and                                                                                                                                                       – 33 1/3% interest in the Luna Energy Facility, a net nominal 570 MW natural gas-fired combined-cycle electric generation facility located in Luna County, New Mexico, from Freeport-McMoRan Inc;
• Advised Daelim Industrial Co., Ltd. in its acquisition, jointly with KDB Infrastructure Asset Management Co. Ltd., of a 41.3% stake in Millmerran Power Plant, a 851 MW coalfired power plant in Queensland, Australia;
• Advised Samsung Asset Management on its joint venture with China Construction Bank, in establishing an asset management company in the PRC;
• Advised Advanced Petrochemical Company, a Saudi joint stock company, in connection with a joint venture with SK Gas Co., Ltd. for the production of propylene in Korea, valued at US$1 billion; and
• Advised Hanwha Chemical on the asset purchase agreement to acquire Q-Cells SE’s headquarters in Germany, its production facilities in Germany and Malaysia and its sales offices in the US, Australia and Japan from Q-Cells’ insolvency administrator.

Project Finance

• Advised Japan Bank for International Cooperation and Export-Import Bank of Korea in connection with the 1,200MW Nghi Son 2 coal-fired power project in Vietnam owned by two shareholders of Marubeni Corporation and Korea Electric Power Corporation;
• Advised The Export-Import Bank of Korea and senior lenders in connection with a restructuring of a Shahin-owned SPC engaged in deepwater drilling. The drilling rig was built by Samsung Heavy Co., Ltd. with KEXIM led financing; and
• Advised Korea South-East Power Co., Ltd., Daelim Industrial Co., Ltd. and Kyeryong Construction Industrial Co., Ltd. as a consortium in connection with Trishuli Hydropower Project in Nepal.

Capital Markets

• Represented issuers and underwriters in over 100 capital markets deals while based in N.Y., Hong Kong, Tokyo and Seoul;
• Advised issuer clients including companies from various industries across Asia, such as E-land China, KEB Hana Bank, Korea Electric Power Co,, Hyundai Capital, Shinhan;
• Advised Financial Group, Double A (Thailand), Nonghyup Financial Group, CJ Group, Hanwha Group, SK Telecom, LG Electronics, Auzora Bank (Japan); and
• Advised underwriter clients including JPMorgan, HSBC, Barclays, BNP Paribas, Goldman Sachs, BofA Merrill Lynch, Citibank.

Has advised on:

• IPOs on London Stock Exchange, NYSE, Nasdaq and Hong Kong Stock Exchange;
• Issuance of convertible bond, exchangeable bond, high-yield bonds, regulatory capital for Banks and Insurance Companies (Regulation 144A / Regulation S); and
• SEC registered Shelf registration statements and take-downs for Korea Development Bank and Korea Exim Bank.

                                                                      

Career

• Senior Counsel, Peter & Kim (August 2022 – present)
• Partner, YKVN Singapore office (March 2020 to August 2022)
• CEO and Co-Founder of Lexagle, a document management solution company (2022)
• Co-Founder and CSO of rida.ai, a 5pl logistics aggregator (2021)
• Founding Managing partner of Clifford Chance, Seoul office (2011 to 2019)
• Skadden Arps (N.Y), Davis Polk (Hong Kong, Tokyo) (1998 to 2009)

Languages

Korean, English, German

Education

• Osgoode Hall Law School, York University, (LL.B., 1997)
• Yonsei University, Bachelor of Business Administration (1993)