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(영문) 서울중앙지방법원 2017.11.29 2017나40091

보증채무금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff entered into the instant lease agreement on April 27, 2010, as C Co., Ltd. (hereinafter “C”).

between the two terms and conditions of the lease agreement (hereinafter referred to as “instant lease agreement”) as follows:

(1) The Defendants jointly and severally guaranteed the Plaintiff on the same day, “C bears any obligation under the instant lease agreement or any obligation under the instant lease agreement to the Plaintiff,” and the Defendants jointly and severally guaranteed that C bears with respect to the Plaintiff on the same day. In addition, the Defendants jointly and severally guaranteed that C bears any obligation to the Plaintiff under the instant lease agreement or the instant lease agreement, in respect of the instant lease agreement, at KRW 1,010,000,000: O deposit of KRW 310,00,000: O deposit of KRW 48 months: KRW 19,214,422.

B. C’s rehabilitation procedures proceeding with respect to C was commenced on November 15, 201 by filing an application for commencement of rehabilitation procedures with the Suwon District Court 201Mo88, Oct. 6, 201, while delaying the payment of lease fees under the instant lease agreement (hereinafter “instant rehabilitation procedures”), and upon which C was decided to commence rehabilitation procedures on November 15, 201 (hereinafter “instant rehabilitation procedures”).

(2) After notifying C of the termination of the instant lease agreement as of January 30, 2012, the Plaintiff reported KRW 779,358,409, which is the aggregate of KRW 764,569,636 of the principal of the claim based on the instant lease agreement and the interest accrued prior to the commencement of rehabilitation procedures, to C as rehabilitation security rights.

Although C raised an objection, it was later withdrawn and the amount of the above credit became final and conclusive as it is.

3) On January 28, 2013, the above rehabilitation court approved the rehabilitation plan to the effect that “300,000,000 out of the finalized amount of the Plaintiff’s claim shall be repaid in cash, and the remaining 479,358,409,000 won shall be converted into equity in lieu of repayment on the date of the effective date of shares newly issued by C (the day following the date of the approval decision) and shall be exempted from interest after the commencement of the rehabilitation procedure.” 4) C issued new shares equivalent to KRW 479,358,409 on January 29, 2013 in lieu of repayment, and repaid in cash the remaining amount of KRW 300,000 on February 5, 2013.

[Reasons for Recognition]