구상금 청구의 소
1. The defendant shall be the plaintiff.
(a) As regards KRW 95,961,642 and KRW 97,50,00 among them, from September 1, 2018 to KRW 97,500,500. < Amended by Act No. 6230, May 1, 2018>
1. In full view of the purport of the entire arguments in evidence Nos. 1 and 3, the plaintiff's assertion, such as the ground for the claim, can be acknowledged. Thus, the defendant is obligated to pay the plaintiff the same money as the ground for claim No. 1.
2. As to this, the Defendant paid 185,594,977 won equivalent to 70% of the principal debt holder’s debt to the Plaintiff in the rehabilitation procedure against the principal debt holder, and thus, the Defendant paid 185,594,977 won to the Defendant was also repaid as much as the above amount.
However, in cases where it is determined to conduct a conversion of investment in lieu of the repayment of rehabilitation claim in the rehabilitation plan of the rehabilitation company as the principal debtor, the obligation of the guarantor of the rehabilitation company shall be deemed to have been repaid the amount of debt equivalent to the appraised amount within the limit of the rehabilitation claim to be substituted by a conversion of investment after evaluating the market price of new shares acquired by the rehabilitation creditor as of the date of issuance of new shares through a conversion of investment. In cases of assessing the value of a conversion of investment in order to determine the scope of extinguishment of the obligation, the obligation to claim and prove the value of the company's corporate value or the value of the shares into investment shall be deemed to have been extinguished by the said conversion of investment. Thus, the above assertion
3. The plaintiff's claim is accepted.