채권조사확정재판에 대한 이의의 소
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
[Claim]
The reasoning of the judgment of the court of first instance concerning this case is as follows, except for the following modifications and additions or the parts separately determined in paragraph (2), and therefore, it is identical to the reasoning of the judgment of the court of first instance.
Part 4 of the judgment of the first instance, "(d)" first action shall be taken into consideration by selecting "the plaintiff" as "the defendant."
Part 4 of the first instance judgment, “A person who has obtained permission” in the last sentence of “(d)” shall be construed as “A person who obtained permission and notified the cancellation of the instant contract to the ordering office on February 11, 2015 (the original Regional Land Management Office).”
The part of the judgment of the court of first instance regarding the plaintiff's assertion 7th to 19th, "the plaintiff's assertion" was made as follows. 1) The plaintiff's assertion rescinded the contract for the construction work of this case, which is an executory contract between both parties, and withdraws from the joint supply and demand organization with the plaintiff. The plaintiff completed the remaining construction work with the defendant's shares in the joint supply and demand organization as a member of the joint supply and demand organization. The damages incurred to the plaintiff due to the above construction are governed by the Debtor Rehabilitation and Bankruptcy
Article 121 is applied, and the plaintiff's damage claim due to the cancellation of the contract for construction works is a rehabilitation claim.
The instant Convention on the Liability Execution was based on the premise of the construction period and the construction amount under the instant contract concluded on December 2, 2004, and the construction period was extended to a maximum of three years on December 17, 2010, and there was a significant change in circumstances, such as the rapid increase in the prices of construction materials, such as steel bars and ready-mixeds after the instant contract on the Liability Execution. Accordingly, this constitutes “cases where it is deemed difficult for the Plaintiff to operate because a serious problem occurred with an external institution, such as the ordering place, etc., during the construction period, and around June 2013, the Plaintiff transferred the instant construction work to the Defendant.”