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1. The Defendant’s KRW 136,908,649 for the Plaintiff and KRW 6% per annum from September 21, 2017 to October 26, 2017.
Reasons
1. Facts of recognition;
A. B Co., Ltd. (hereinafter “Nonindicted Company”) concluded a guarantee insurance contract for the Plaintiff’s issuance as a payment guarantee in order to provide the Plaintiff’s guarantee insurance contract in the form of a service payment guarantee, following the conclusion of the contract with the Host Company, around May 2017, the Plaintiff and the insured Company entered into a guarantee insurance contract (hereinafter “instant contract”) with the period from May 22, 2017 to September 15, 2017 (hereinafter “instant contract”). The Defendant jointly and severally guaranteed the Defendant’s obligation to the Plaintiff under the said contract.
B. At the time of the instant contract, when the Plaintiff pays insurance money to the insured, the non-party company agreed to pay the Plaintiff the insurance money and the damages for delay in addition to the interest rate determined by the Plaintiff from the day following the day of the payment of insurance money to the day of full payment. The interest rate in arrears is
C. An insured incident under the instant contract occurred because the non-party company did not comply with the agreement with the insured. On September 20, 2017, the Plaintiff paid KRW 138,908,649 to the Host Company.
On the other hand, on August 21, 2017, a decision was rendered to commence a simplified rehabilitation procedure (Seoul Rehabilitation Court 2017 Gohap10070) with respect to the non-party company. On November 17, 2017, the Plaintiff submitted to the rehabilitation court a claim registration statement containing a rehabilitation security right of KRW 17,281,428, rehabilitation claim of KRW 119,627,221, a rehabilitation claim of KRW 136,908,649, and the non-party company both agreed to this.
E. The Plaintiff’s claim amount of KRW 136,908,649 was fully reflected in the Non-Party Company’s rehabilitation plan, and the above rehabilitation plan was decided to authorize by the Seoul Rehabilitation Court on December 5, 2017. According to the rehabilitation plan, 58% of the amount of the claim at the time of rehabilitation claims is converted into equity and the claim subject to debt-equity swap is based on the rehabilitation plan on the effective date of issuance of new shares by the Non-Party Company.