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1. On June 1, 2017, upon a claim for a change in exchange in this court, the defendant filed against the plaintiff on June 1, 2013.
Reasons
1. Details of the disposition;
A. The Plaintiff engaged in the conversion into investment and consolidation of shares according to the instant rehabilitation plan (i) was decided on May 8, 2013 by the Seoul Central District Court 2013hap85, and the Plaintiff was decided to commence rehabilitation procedures (at the time, the representative director B was appointed as the manager).
(1) On October 31, 2013, the rehabilitation plan was authorized on October 31, 2013 (hereinafter “instant rehabilitation plan”).
2) The instant rehabilitation plan stipulated that “The obligation corresponding to the rehabilitation claim shall be converted into 79.5% of the principal and interest prior to its commencement, and shall be paid in cash with 20.5%, and the obligation to be converted into equity shall substitute for the repayment of the relevant rehabilitation claim on the effective date of the shares newly issued by the Plaintiff. The amount of the claim KRW 5,000 shall be issued as one common share with a face value of KRW 5,000 at a face value of KRW 5,000 at a face value, and the face value of KRW 5,00 at a face value per common share with a face value of KRW 5,00 at a face value of KRW 5,00 at a face value on
3) According to the instant rehabilitation plan, the Plaintiff’s rehabilitation claim against the Plaintiff (hereinafter “instant rehabilitation claim”) is as follows.
A) The remainder, other than the portion agreed to be repaid in cash, was converted into one share per share per book value of 5,000 won per book value of 5,000 won per book value on November 1, 2013, and new shares issued through the said conversion into equity investment (hereinafter referred to as “investment conversion shares”).
(B) On November 2, 2013, the Plaintiff’s shares after the consolidation were assessed as KRW 1,274 per share as of November 2, 2013 as a result of the assessment based on the cash flow discount model of L Company based on a rehabilitation creditor’s bad debt tax credit (i.e., imposition disposition of value-added tax on the Plaintiff based on a bad debt tax credit). As to the difference between the book value of the claim converted into investment and the market value of the shares (1,274 per share) received through the conversion into investment among the rehabilitation claims against the Plaintiff (hereinafter “the difference in this case”).