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1. The judgment of the court of first instance is modified as follows.
Plaintiff
The successor's claim is dismissed.
2. The total cost of the lawsuit.
Reasons
1. Basic facts
A. On January 27, 2014, the Defendant (hereinafter “Defendant”) was merged with “J” on March 4, 2019 after changing the trade name from “C” to “C”, and from January 8, 2016 to “B”, and “J” took over the instant legal proceedings on April 25, 2019; hereinafter “Defendant” is a company engaging in the manufacturing, selling, etc. of electronic parts.
B. On September 2, 2005, E Co., Ltd. (hereinafter “E”) conducting manufacturing business, such as broadcasting equipment and telecommunications equipment and parts, issued the issue amount of KRW 2 billion, interest rate of KRW 8.91% per annum (17% per annum), and corporate bonds with preemptive rights (hereinafter “instant corporate bonds”) on September 2, 2008 with maturity of KRW 2 billion, annual interest rate of KRW 8.91% per annum (17% per annum), and raised operating funds. G Co. (hereinafter “G”) was designated as the caretaker of the instant corporate bonds.
C. Around 2008, E filed an application for debt adjustment with respect to a main trading financial institution as a result of cumulative business losses.
Accordingly, around June 2008, financial institutions (excluding the instant limited liability company) holding loans worth approximately 10 billion in total against E shall organize an autonomous council for normalization of E’s management and recovery of loans (hereinafter “the instant council”) and shall jointly manage claims, and the repayment date of each of the loans, etc. against E was postponed by June 30, 201.
At the second meeting on July 25, 2008, the council of this case decided to suspend joint management immediately when the limited liability company of this case consents to joint management by June 30, 201, the repayment date of the corporate bonds of this case was deferred until June 30, 201, and 4% interest shall not be paid, and all interest shall not be paid if the limited liability company does not consent to joint management.
Accordingly, the limited liability company of this case.