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(영문) 서울서부지방법원 2019.01.23 2018가단220195
보증채무금
Text

1. The defendant shall pay to the plaintiff KRW 77,610,521 as well as KRW 70,816,00 as well as KRW 70,816,00 from July 24, 2013 to the day of full payment.

Reasons

1. Facts of recognition;

A. On April 9, 2012, the Plaintiff leased KRW 200 million to C Co., Ltd. (hereinafter “C”) on a monthly basis and on February 9, 2013, with the maturity of payment fixed as 2%, and the Defendant jointly guaranteed the said obligation.

B. On January 18, 2013, rehabilitation procedures commenced for C, and the aforementioned rehabilitation procedures were commenced for the same year.

7. 23. After the approval for rehabilitation plan was made, December 13 of the same year.

(Seoul Rehabilitation Court 2012 Gohap 258). C, according to the authorized rehabilitation plan, the principal of the loan claim reported by the Plaintiff in the rehabilitation procedure and the interest prior to the commencement of the project, 88% of the principal and interest prior to the commencement of the project are converted into investment by the method of issuing new shares that are 500 per share (the effective date of the issuance of new shares is the day following the authorization date of the rehabilitation plan), and the remaining 12% shall be paid in cash.

C. At the time of February 27, 2014, C’s market value per share is 367 won.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2 through 5 (including paper numbers), the purport of the whole pleadings

2. The plaintiff's assertion: The defendant is obligated to pay 200 million won and delay damages to the plaintiff in accordance with the joint and several guarantee agreement.

Defendant: The Plaintiff acquired C’s shares 352,00 shares (=(20 million + 88%)/500 shares (=29,184,00 shares x 352,00 shares x 367 won). As such, the Plaintiff ought to be deemed to have repaid KRW 129,184,00 equivalent to the market price of the shares.

3. Determination

A. Where it is decided to convert the amount of debt into equity in lieu of repayment of the rehabilitation claim in the rehabilitation plan for the rehabilitation company which is the primary debtor, the surety obligation of the rehabilitation company shall be deemed to have been repaid the amount of debt equivalent to the amount of the rehabilitation claim to be paid in lieu of repayment of the amount of the rehabilitation claim after evaluating the market price of new shares acquired by the rehabilitation creditor as of

(See Supreme Court Decision 2009Da47739 Decided November 12, 2009, and Supreme Court Decision 2010Da28383 Decided June 14, 2012, etc.). The above facts of recognition are as follows.

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