1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except where the defendant adds the judgment of the court of first instance as to the newly asserted matters in the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.

In addition, the defendant's defense of the judgment was extinguished on the effective date of issuance of new shares, and the defendant's guarantee liability corresponding thereto was also extinguished according to the subsidiary nature of the guaranteed obligation.

Article 250(2) of the Debtor Rehabilitation and Bankruptcy Act provides that the right of rehabilitation creditors or rehabilitation secured creditors to guarantors of the debtor for whom rehabilitation procedures commence and other persons who bear obligations together with the debtor for whom rehabilitation procedures commence and any security provided for rehabilitation creditors or rehabilitation secured creditors by any person other than the debtor shall not affect rehabilitation creditors or rehabilitation secured creditors. However, in cases where a conversion of investment is determined in lieu of the repayment of rehabilitation claims, the guarantor's surety obligation of the debtor shall be deemed to have been repaid within the scope of the amount of the amount of the debt equivalent to the appraised amount of the rehabilitation claim by evaluating the market value of new stocks acquired by the rehabilitation creditors as of the date when

(see, e.g., Supreme Court Decisions 2009Da47739, Nov. 12, 2009; 2009Da85830, Mar. 25, 2010). In this case, the rehabilitation plan (Evidence B) No. 33 for the construction of the same dong Subdivision in the same case

h.(1) Principal and interest accrued prior to the commencement of rehabilitation claims shall be converted into equity and 50 per cent of the total amount of principal and interest accrued prior to the commencement of rehabilitation claims. The debt converted into equity shall be paid in cash, but the debt converted into equity shall be the shares newly issued by the debt subsidiary in accordance with Section 4 of Chapter X of this