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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 26, 2010, Defendant A Co., Ltd. (hereinafter “Defendant A”) was decided to appoint Defendant B as a custodian upon the decision to commence rehabilitation procedures (hereinafter “instant rehabilitation procedures”) by Seoul Central District Court 2010 Ma106, and at the same time, the custodian was required to obtain permission from the court when performing certain acts, such as gift, sale, exchange, etc., for which disbursement of the amount of money is expected to be KRW 10 million or more, or the act of contractual performance, such as concluding a contract or bearing obligations.
B. During the instant rehabilitation procedure, the administrator of the Defendant Company: “The Defendant Company: “The amount of KRW 10,000 per share (60,000 per share purchase price, KRW 686,544,139; KRW 572,124,139; KRW 412,00,000 out of the amount of reduction of capital for the amount of KRW 10,000 in 2014; KRW 100,105; KRW 112,000 in 2015; and KRW 10,000 in cash in 2017; and KRW 12,000 in 200,000 per share (hereinafter “instant promise”); and Defendant B guaranteed the Plaintiff’s joint and several liability.
C. In the instant rehabilitation procedure, the Defendant Company received the rehabilitation plan approval order on April 8, 201, and rendered a final decision on February 8, 2012.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 2, Eul evidence 6, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff asserted by the parties. The Defendant Company agreed with the Plaintiff to repay KRW 412 million to the Plaintiff in installments from 2014 to 2017 out of the amount of capital reduction due to the conversion of investment in the instant rehabilitation procedure. Since Defendant B jointly and severally guaranteed the said debt, the Defendants are jointly and severally liable to pay to the Plaintiff the agreed amount of KRW 412 million and delay damages.