1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. The reasoning for the court’s explanation concerning this case is as follows: “Until November 9, 2016, the delivery date of a copy of the application for modification of the purport of the claim of this case,” No. 4-10 of the first instance judgment, “Until December 15, 2017, which is deemed reasonable for the Defendant to dispute the existence or scope of the obligation as seen below, is the date of the final judgment of the court of the first instance, which is the date of the pronouncement of the application for modification of the purport of the claim of this case.” Furthermore, the Defendant’s assertion added by this court is identical to the reasoning of the first instance judgment, except for the judgment as to the assertion added by this court, and thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the defendant's additional assertion

A. In the rehabilitation procedure for the Defendant’s assertion, KRW 171,378,035, out of KRW 177,817,521, the Plaintiff’s remaining construction cost claim was converted into equity and the Plaintiff acquired new shares 34,275 shares, the amount equivalent to the above amount of claim is repaid and extinguished. Moreover, KRW 45,556,186, paid in cash, and the Plaintiff’s claim for the subcontract price was extinguished in full.

B. Determination 1) Article 250(2)1 of the Debtor Rehabilitation and Bankruptcy Act provides that the legal doctrine related to the debt-to-equity swap following the instant rehabilitation plan does not affect the rights of the guarantor of the debtor for whom rehabilitation procedures have commenced by the rehabilitation creditor or the rehabilitation secured creditor (hereinafter “Rehabilitation debtor”) and other persons who bear obligations together with the debtor for whom rehabilitation procedures have commenced.

However, if it is prescribed in the rehabilitation plan as a principal debtor in lieu of repayment of all or part of rehabilitation claims or rehabilitation security rights, the surety obligation of the debtor debtor is assessed at the market price of new shares acquired by the rehabilitation creditors, etc. as of the effective date of issuance of new shares through a conversion of investment and will substitute it for repayment of the new shares