회생채권조사확정재판에 대한 이의
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons why the court has used for this case are as stated in the reasoning of the judgment of the first instance except for the dismissal or addition of the pertinent parts as follows. As such, it refers to the reasoning of the judgment of the first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.
The fourth sentence of the first instance court's decision "2011" shall be "2012".
(b) asserts that the 6th decision of the first instance court should be “reverted” in accordance with the following provisions.
【The part of the construction contract of this case should be reverted to the Plaintiff, and ③ as seen earlier, the contract of this case was rescinded by the Plaintiff’s notification of cancellation or the Defendant’s administrator’s right to cancel, and the contract of this case is presumed to be liquidated damages or liquidated damages, and thus, the court asserts to the effect that the contract of this case can be reasonably reduced pursuant to Article 398(2)
(c)in the next 20th of the decision of the first instance, the following shall be added:
【Additional Part】 [The Plaintiff asserts that the above determination is inconsistent with the legal principles of the Supreme Court Decision 2005Da38263 Decided September 6, 2007, concerning the provisions under the ipso facto termination of bankruptcy, but Article 37(1)7 of the Construction Contract Clause of the instant construction contract provides that the Plaintiff may rescind or terminate the said contract “where the construction work is not completed or is unlikely to be completed as scheduled due to the Defendant’s default bankruptcy, an application for commencing rehabilitation procedures and other similar procedures, or due to similar causes,” and does not themselves take the requirements of rescission or termination of the application for commencing rehabilitation procedures.
Therefore, the above provision is up to the bankruptcy, such as the suspension of payment, the application for commencement of rehabilitation procedure, and the commencement of rehabilitation procedure, in preparation for the future aggravation of the financial status of the debtor company between the parties to the above provision and the typical clause of 2005da38263 decision or the insolvency termination clause.