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1. The defendant shall pay to the plaintiff the amount of KRW 833,672,825 and KRW 100,000 among them, from January 23, 2018 to the date of full payment.
Reasons
1. Basic facts
A. On March 16, 2007, C Co., Ltd. (hereinafter “C”) borrowed KRW 3,885,156,771 from Non-Party D Co., Ltd. (hereinafter “Non-Party D”) at 12.5% per annum. Around March 16, 2007, the Defendant entered into an agreement with the Non-Party C to guarantee the principal and interest obligation of Non-Party C within the limit of KRW 4,662,18,125.
B. The Plaintiff entered into a contract with Nonparty C Co., Ltd. to obtain a loan claim (hereinafter “instant claim”) from Nonparty C Co., Ltd. and notified Nonparty of the said assignment.
C. The details of the instant bonds that occurred by January 17, 2018 are KRW 3,885,156,771, the total amount of interest of the remaining loan is KRW 872,722,126.
C was approved on September 9, 2016 by Seoul Central District Court 2016 Ma10062, which was approved on the following contents: the right alteration and repayment method of rehabilitation claims including the claim in this case.
1) The debt to be converted into equity swap of 93.50% of the principal and interest accrued prior to the commencement of the rehabilitation plan and 6.50% in cash. 2) The debt to be converted into equity swap shall substitute for the repayment of the rehabilitation claim in question on the effective date of issuance of new shares to shares newly issued by C under Section 4 of Chapter XI of the rehabilitation plan.
3) The interest accrued after the commencement shall be exempted in full. (e) The effective date of the issuance of new shares issued by C according to the authorization decision of the above rehabilitation plan is 730,390 shares for new shares that Non-Party bank acquired through the conversion of investment according to the above authorization decision, and the total market price of such new shares is 137,211,882 won as of September 11, 2016. [The absence of any dispute over the grounds for recognition, the entries in Gap 1 and 3, and the entire purport of the pleadings.]
2. Determination:
A. The gist of the cause of the claim and the scope of the claim have been acquired by the Plaintiff, and the Defendant, the guarantor, as the Defendant, KRW 100,00,00, which is part of the loan principal, and the remaining interest or delay damages incurred until January 17, 2018, the sum of KRW 870,884,680, and KRW 970,884,680.