1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. On April 28, 2015, the Plaintiff entered into a guarantee insurance contract between B Co., Ltd. (hereinafter “Nonindicted Company”) with the insurance coverage amounting to KRW 100 million, and the insurance coverage period from May 11, 2015 to May 10, 2016, under which Nonparty Co., Ltd. entered into a product supply contract concluded with Samsung wellsa Co., Ltd. (hereinafter “instant guarantee insurance contract”). At the time, the Defendant, the representative director of the Nonparty Co., Ltd., guaranteed Nonparty Co., Ltd.’s obligations under the instant guarantee insurance contract.

B. On August 7, 2015, according to the instant guarantee insurance contract, the Plaintiff paid KRW 100 million insurance proceeds to Samsung well-known Co., Ltd., the insured.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3 and 4, the purport of the whole pleadings

2. The parties' assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay the amount of KRW 100 million to the plaintiff as a joint guarantor of the guaranteed insurance contract of this case.

B. The defendant's assertion and judgment 1) The defendant asserted that in the rehabilitation procedure against the non-party company, the principal debtor, there was a decision to authorize the rehabilitation plan to convert 58% of the amount of claims into equity in lieu of the repayment of the plaintiff's claim for reimbursement, and thereafter, the plaintiff finally acquired 1,037 shares of the non-party company, the amount of par value of which is 10,000 per share according to the rehabilitation plan, and thus the defendant's guaranteed liability is extinguished within the scope of the above. 2) We examine the case, and Article 250 (2) of the Debtor Rehabilitation and Bankruptcy Act provides that the rehabilitation plan does not affect the debtor's right against the guarantor of the debtor for whom the rehabilitation procedure has commenced. However, the rehabilitation plan which is the principal debtor,