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1. The Defendant’s KRW 38,260,00 for the Plaintiff and its related KRW 6% per annum from November 1, 2019 to May 18, 2020.
Reasons
1. Facts of recognition;
A. The Plaintiff is an individual entrepreneur who runs the business of manufacturing and selling machinery and parts. At the request of Nonparty D Co., Ltd., the Plaintiff processed and supplied parts to Nonparty Co., Ltd. as follows and did not receive KRW 38,268,560.
① On February 29, 2019, the date of payment agreed upon by the parts processing unit 2,349,600 on September 30, 2019.
The defendant is a corporation established by dividing part of the non-party company and is jointly and severally liable to pay the above part processing cost of the non-party company pursuant to Article 530-9 (1) of the Commercial Act.
[Ground] Facts without dispute
2. Determination
A. According to the above facts of recognition, the defendant is obligated to pay the above parts processing unit and its delay damages to the plaintiff.
B. The defendant asserts that the non-party company, which was a company prior to the division, applied for rehabilitation, and obtained the rehabilitation plan approval procedure, and that the plaintiff distributed 10,869,000 shares of 24,800 won out of the plaintiff's credit amount according to the above rehabilitation plan, and therefore, the above amount should be deemed to have been repaid.
(1) Article 240 (2) of the former Company Reorganization Act (repealed by Article 2 of the Addenda to the Debtor Rehabilitation and Bankruptcy Act, Act No. 7428 of March 31, 2005) provides that the reorganization plan does not affect any rights held by reorganization creditors or security holders against guarantors or other persons bearing obligations with the company, and any security provided by other persons than the company for reorganization creditors or security holders. However, if the reorganization plan provides that a conversion of investment is made in lieu of satisfaction of reorganization claims, the guarantor's guarantee obligation of the reorganization company shall be the market price of new shares acquired by the reorganization creditors as of the date of entry into force of the issuance of new shares by conversion of investment