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(영문) 대구지방법원 2016.06.01 2015나13506
손해배상(기)
Text

1. The administrator C and the Defendant-Counterclaim C, each of their respective appeals, and the incidental appeal by the Plaintiff (Counterclaim Defendant) against the Defendant Company B.

Reasons

1. The reasoning for the court’s explanation on this part of the underlying facts is as stated in the relevant part of the reasoning of the judgment of the first instance, in addition to using “ July 15, 2013.” No. 3 of the judgment of the first instance as “No. 2013. 7. 25, 2013.”

2. Judgment on the Defendant’s main defense

A. The plaintiff's assertion and the summary of this safety defense asserted that the defendants failed to perform their obligations under the contract, and that the construction of this case caused defects, and thus, they are liable to compensate for damages.

As to this, the Defendants asserted that the Plaintiff’s claim for damages constitutes a rehabilitation claim created prior to the decision on commencement of rehabilitation procedures against the Defendant Company. As such, the Plaintiff’s failure to report the pertinent claim within the reporting period of rehabilitation claims, and thus, asserted that the Plaintiff’s lawsuit against the Defendant Company is unlawful.

B. According to the Debtor Rehabilitation Act, any property claim arising before the rehabilitation procedures commence for the debtor constitutes a rehabilitation claim (Article 118), and any custodian shall prepare a list of rehabilitation creditors, etc. and submit it to the court prior to reporting by the rehabilitation creditors, etc. (Article 147); and any rehabilitation creditor, etc., who is listed in the list, shall be deemed to have been reported pursuant to the Debtor Rehabilitation Act (Article 151); and regardless of whether it is entered in the list, any rehabilitation creditor, etc. who intends to participate in the rehabilitation procedures shall report the rehabilitation claim to the court within the reporting period set by the court (Article 148); and when the rehabilitation plan is decided to authorize the rehabilitation plan, the debtor shall be exempted from liability for all rehabilitation claims and rehabilitation security rights (Article 251)

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