The part against the Defendant is reversed, and that part of the case is remanded to the Seoul High Court.

1. Rehabilitation claims under Article 118 subparag. 1 of the Debtor Rehabilitation and Bankruptcy Act refer to any property claim arising from the cause of the occurrence of claims, such as expression of intent, before the commencement of rehabilitation procedures. As long as the cause of the occurrence of claims is based on the cause prior to the commencement of rehabilitation procedures, the content of the claim is not specific as long as the cause of the occurrence of claims is based on the cause prior to the commencement of rehabilitation procedures or even if the maturity comes after the commencement of rehabilitation procedures (see, e.g., Supreme Court Decision 2012Da14851, May 16, 2014)

(see, e.g., Supreme Court Decision 2011Da84335, Nov. 29, 2012). In a contract for construction works, barring special circumstances, if the construction has already been completed, the contract for construction works cannot be rescinded. If the contract for construction works cannot be rescinded due to the completion and delivery of the building before the commencement of rehabilitation procedures, the contractor shall be deemed to have completed the performance of the contract for construction works before the commencement of rehabilitation procedures.

(See Supreme Court Decision 2001Da24174, 24181 Decided October 9, 2001. In such a case, even if damage was actually incurred due to the defect of an object completed after the commencement of rehabilitation procedures for a contractor, it is reasonable to deem that the primary cause of the right to claim damages in lieu of defect repair exists before the commencement of rehabilitation procedures, barring any special circumstance. Thus, the right of compensation in lieu of defect repair of a contractor should be deemed as a rehabilitation claim.

Furthermore, the contractor has a duty to compensate the contractor for the damages caused by the extension of the body or property of the contractor due to the failure of the contractor to perform the obligation under the contract beyond the above warranty liability.