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(영문) 서울중앙지방법원 2019.08.28 2018가단5259063

구상금

Text

1. The Defendant’s KRW 1,057,105,573 among the Plaintiff and KRW 454,585,830 among the Plaintiff and KRW 602,519,743 from February 3, 2018.

Reasons

1. Determination on the cause of the claim

A. The facts in the separate sheet as to the cause of the claim may be acknowledged either in dispute between the parties or in full view of the entries in Gap evidence 1 to 9 and the whole purport of pleadings.

B. According to the above facts, barring any special circumstance, the Defendant, a joint guarantor, is obligated to pay the Plaintiff, a creditor, the total amount of principal and interest on subrogation (=4,585,830 won 602,519,743 won) and damages for delay.

2. Judgment on the defendant's assertion

A. The defendant asserts that it is unreasonable to claim the total amount of the claims of the plaintiff on the grounds that the amount of the claims to be repaid out of the claims for reimbursement of the plaintiff's claims is determined as KRW 314,696,014 through the alteration of the right according to the rehabilitation plan in the rehabilitation procedure for the corporation B.

B. Article 250(2)1 of the Debtor Rehabilitation and Bankruptcy Act provides that the rehabilitation plan does not affect the rights of rehabilitation creditors or rehabilitation secured creditors against the debtor's guarantor for whom rehabilitation procedures commence and other persons who bear obligations together with the debtor's debtor. Thus, even if the amount of claims to be repaid to the plaintiff is reduced to KRW 314,696,014, the remaining amount of claims, as the amount of claims to be repaid to the plaintiff was reduced to KRW 314,696,014, the change of rights cannot affect the defendant

On the other hand, when a rehabilitation debtor, who is a principal debtor, calculates the amount substantially satisfied by a rehabilitation creditor through a debt-equity swap conducted under the Debtor Rehabilitation and Bankruptcy Act, and evaluates the value of a debt-equity swap to determine the scope of extinction of the guarantor's guaranteed obligation, the claims on the value of the rehabilitation debtor's corporate or the value of the share of the debt-equity swap, and