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(영문) 서울중앙지방법원 2017.06.15 2017가단5034830
보증채무금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 100,000,000 and 25% per annum from February 6, 2013 to the date of full payment.

Reasons

1. Basic facts

A. On April 27, 2010, the Plaintiff entered into a lease agreement with C Co., Ltd. (hereinafter “C”) with terms and conditions as follows (hereinafter “instant lease agreement”). On the same day, the Defendants jointly and severally guaranteed the obligation that C would incur to the Plaintiff under the instant lease agreement.

- Lease articles: PM2 original equipment - Acquisition cost: 1,010,000,000 - Lease period: 48 months - Contract deposit 310,000,000 - Monthly lease fee: 19,214,422 - Delay damages: 25% per annum.

B. C filed an application for rehabilitation with the Suwon District Court 201 Gohap88 on October 6, 201, while overdue the payment of lease fees, and was decided to commence rehabilitation proceedings on November 15, 201.

C. After notifying C of the termination of the instant lease contract as of January 30, 2012, the Plaintiff reported KRW 779,358,409, including the principal of the claim based on the instant lease contract and the interest of KRW 14,788,773,773 before the commencement of the rehabilitation procedure, as a rehabilitation security right, and C had raised an objection thereto, and thereafter, the said amount of the claim became final and conclusive.

On January 28, 2013, the aforementioned rehabilitation procedure court held that KRW 300 million out of the Plaintiff’s above claim amount shall be repaid in cash, and the remaining KRW 479,358,409 shall be converted into equity in lieu of repayment on the date of the effective date (the day following the decision of authorization) of shares newly issued by C, and approved the rehabilitation plan to exempt interest after the commencement of the rehabilitation procedure. According to the above rehabilitation plan, C issued new shares equivalent to KRW 479,358,409 on January 29, 2013 and paid in cash to the Plaintiff the remainder of KRW 300 million on February 5, 2013.

【Partial grounds for recognition】 The fact that there is no dispute, Gap evidence 1 through 7 (including branch numbers in case of additional number), Eul evidence 1 through 8, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The Plaintiff’s assertion by the parties is the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).

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