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(영문) 서울중앙지방법원 2018.05.30 2016가합504617

구상금

Text

1. The defendant shall be jointly and severally and severally liable to the plaintiff 3,437,730,313 and 3.

Reasons

1. Basic facts

A. The Plaintiff entered into an import insurance agreement and joint and several sureties 1) on August 5, 2014, the Plaintiff is a stock company B (former trade name: C; hereinafter referred to as “foreign company”).

B) As between the non-party company and the Korea Exchange Bank (hereinafter “Korea Exchange Bank”), the non-party company

) In receiving a loan from a foreign exchange bank, the Plaintiff guaranteed the Plaintiff’s obligation to repay the loan to the foreign exchange bank at USD 3,500,000. In the event that the Plaintiff paid the insurance money to the foreign exchange bank, the Nonparty Company’s payment of the Plaintiff’s insurance money, delayed payment of 11% per annum, and expenses incurred in exercising the right to compensate for the Plaintiff’s loss (hereinafter “cost for taking

(2) The import insurance agreement of this case (hereinafter referred to as the “import insurance agreement of this case”).

(2) The Defendant jointly and severally guaranteed the obligation of indemnity against the Plaintiff of the non-party company under the import insurance agreement of this case.

(hereinafter referred to as “instant joint and several sureties contract”). (b)

On January 8, 2015, foreign exchange bank paid KRW 3,795,849,50 to the foreign exchange bank on February 17, 2015 (=the principal of the import insurance agreement of this case and KRW 3,790,714,970) on behalf of the Plaintiff, on the ground that the non-party company filed a rehabilitation application with the Seoul Central District Court 2015. On January 7, 2015, the insured event under the import insurance agreement of this case was notified, and filed a claim for the performance of the insurance obligation. (ii) The Plaintiff paid KRW 46,182,70 to the foreign exchange bank on February 17, 2015 (the principal of the import insurance agreement of this case and KRW 5,134,580).

C. A decision to authorize rehabilitation on June 25, 2015 with respect to the non-party company 1 to issue new stocks through a decision to authorize rehabilitation and a debt-equity swap, and each decision to authorize a revised rehabilitation plan was rendered on February 25, 2016, respectively. According to the revised rehabilitation plan, the Plaintiff was partially converted into equity investment and the Plaintiff was 192,579 shares of the non-party company.