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(영문) 서울중앙지방법원 2015.10.16 2015가단5178781
대여금
Text

1. The defendant shall be the plaintiff.

A. 16,324,100 won and 114,063,753 won among them within the scope of 240,000,000 won

Reasons

1. The facts alleged by the plaintiff as to the cause of the claim do not conflict between the parties. Thus, the defendant is obligated to pay the amount stated in paragraph (1) of this Article to the plaintiff, unless there are special circumstances.

2. Judgment on the defendant's assertion

A. On June 2, 2015, the Defendant’s primary debtor-based sports support (hereinafter “support sports”) was selected and appointed as a custodian upon the commencement of rehabilitation procedures by the Seoul Central District Court 2015 Gohap25.

In the above rehabilitation case, the continuous corporate value of supporting sports is higher than the liquidation value and the rehabilitation plan prepared by supporting sports seems to be subject to the approval decision.

Therefore, the Plaintiff will be paid the obligation according to the method stipulated in the rehabilitation plan prepared by the above company from a sports for supporting with sufficient means of payment. If the Plaintiff cannot receive a claim from a sports for supporting the principal obligor, then the Plaintiff may seek payment of the guaranteed obligation to the Defendant, who is the guaranteed obligation, within the guarantee limit.

Therefore, the plaintiff's claim against the defendant is without merit.

B. Article 250(2)1 of the Debtor Rehabilitation and Bankruptcy Act provides, “The rehabilitation plan shall not affect the rights held by any rehabilitation creditor or any rehabilitation secured creditor against any debtor who has commenced the rehabilitation procedures and any other person who bears obligations together with the debtor for whom the rehabilitation procedures commence, and any security provided by any person other than the debtor for any rehabilitation creditor or any rehabilitation secured creditor.”

Therefore, regardless of the support sports rehabilitation plan, the defendant is still obligated to perform joint and several liability obligations against the plaintiff, which is jointly and severally guaranteed by the defendant against the plaintiff of support sports.

Even if the defendant's assertion was decided to convert into equity investment in lieu of repayment of rehabilitation claims in the support sports plan.

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