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1. Of the judgment of the court of first instance, as to KRW 366,957,670 among the judgment of the court of first instance and KRW 366,923,175 among the judgment of the court of first instance, against the Plaintiff.
Reasons
1. The reasoning of the judgment of the court of first instance for the acceptance of the judgment of the court of first instance is as follows: (a) No. 2, No. 11, No. 14, No. 18, No. 3, and No. 19; and (b) each of the “defendants” of the first instance trial; (c) No. 5, No. 10; and (d) the “Guarantee of Surety Protection Act” of the former Guarantee of Surety Protection Act (amended by Act No. 13125, Feb. 3, 2015); and (d) the Defendant’s new decision on the assertion made by the court of first instance is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for the addition of the following:
2. Judgment on the new argument in this Court
A. Defendant’s assertion 1) C Co., Ltd. (hereinafter “Nonindicted Company”)
(2) The Plaintiff’s rehabilitation claim was confirmed as KRW 367,261,610 according to the rehabilitation plan finalized in the rehabilitation procedure, and KRW 213,01,734 out of the rehabilitation plan was converted to the capital of the Nonparty Company, and the remaining KRW 154,249,886 was paid in installments. 2) The Nonparty Company issued 38,729 shares of debt-to-equity swap on July 22, 2016 according to the above rehabilitation plan, and paid KRW 3,084,998 to the Plaintiff on December 29, 2016.
3) Therefore, the Plaintiff’s total amount of KRW 216,096,732 (i.e., KRW 213,01,734, 308), out of the Plaintiff’s claim for reimbursement against Nonparty Company, was extinguished by reimbursement. (ii) Determination 1) In the event that the bankruptcy procedure commences only with respect to the primary debtor and the obligee is practically satisfied upon receiving a partial repayment of the claim in the said procedure, the guarantor may also assert the effect of the extinguishment of the obligation.
In addition, Article 250 (2) 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 guarantors of the debtor for whom the rehabilitation procedures commence and other persons who bear obligations together with the debtor for whom the rehabilitation procedures commence. However, the rehabilitation plan of the rehabilitation company, which is the principal debtor