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(영문) 서울중앙지방법원 2015.10.07 2014가단265621
보증채무금
Text

1. The defendant shall be the plaintiff.

A. Of KRW 475,200,000, KRW 243,464,483 and KRW 190,99,000 among them shall be limited to the extent of KRW 475,20,00.

Reasons

1. The facts set forth in the separate sheet of claim and the changed cause of claim do not conflict between the parties, or each set out in Gap evidence 1 through Gap evidence 7 (including paper numbers) may be recognized by taking into account the following facts.

Therefore, the defendant is obligated to pay the money stated in Paragraph 1 of this Article to the plaintiff.

2. Judgment on the defendant's assertion

A. The defendant asserts that the principal and interest have been reduced or exempted pursuant to the reorganization program authorized in the rehabilitation procedure for the corporation B, which is the principal debtor, and that the defendant's guaranteed liability worth KRW 366,100,000 out of the principal amount of the plaintiff's credit amount of KRW 523,00,00,000 and interest prior to commencement amount of KRW 8,91,095, including KRW 6,293,767, among KRW 6,293,767, was repaid through debt-equity swap.

B. First, Article 250(2) of the Debtor Rehabilitation and Bankruptcy Act provides that the rehabilitation plan does not affect the rights of the rehabilitation creditor against the guarantor of the debtor for whom the rehabilitation procedure has commenced. Therefore, the defendant's assertion that the principal and interest shall be reduced according to the reorganization program is without merit.

C. Next, in a case where it is decided to make a conversion of investment in lieu of repayment of rehabilitation claims in the rehabilitation plan of the company which is the principal debtor, the guaranteed obligation of the guarantor of the company shall be deemed to have been repaid the amount of debt equivalent to the amount of rehabilitation claims to be paid in lieu of repayment of the amount of rehabilitation claims by evaluating the market price of new stocks acquired by rehabilitation creditors

On the other hand, when assessing the value of a debt-to-equity swap in order to determine the scope of extinguishment of a guaranteed obligation, the primary debtor company's liability to prove the corporate value or the value of the stock of such debt-to-equity swap is the party asserting that the guaranteed obligation

(see, e.g., Supreme Court Decisions 2009Da85830, Mar. 25, 2010; 2010Da28383, Jun. 14, 2012). However, the same applies.

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