1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On October 22, 2010, the Plaintiff, the Defendant, and the Spoco Engineering Co., Ltd. constituted a joint contractors (hereinafter “instant joint contractors”) and concluded a contract for the C Construction Work (hereinafter “instant construction”), and completed the said construction work on November 30, 2012.

B. From December 24, 2012, the Plaintiff received a request for defect repair from the Sejong Office Building Management Office that manages the building of the instant construction, and performed the defect repair of the defect repair work under the contract to the Korea Libya Co., Ltd. from that time.

C. On February 28, 2013, the Defendant was ordered to commence rehabilitation procedures by Seoul Central District Court 2013 Mahap34, and on April 15, 2015, the rehabilitation procedures were completed on the grounds that the requirements under Article 283(1) of the Debtor Rehabilitation and Bankruptcy Act were met.

[Ground of recognition] Evidence No. 3, Evidence No. 4, Evidence No. 15-1 to 28, Evidence No. 16-1 to 3, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) The Plaintiff’s claim for damages in lieu of defect repairs arising from the instant construction works constitutes “public-interest claim” arising after the commencement of rehabilitation procedures under Article 179(1)2 and 6 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) for the following reasons.

Therefore, the defendant claims against the plaintiff for reimbursement of the amount of the defendant's share and damages for delay from among the expenses incurred as stated in the attached Form in subrogation of the right to indemnity for damages in lieu of the defect repair that the Republic of Korea has against the defendant.

(1) The damage claim that a contractor has against the contractor in lieu of the defect repair pursuant to Article 667 (2) of the Civil Act is the right that exists in the contractor from the beginning because the claim for remuneration exists concurrently with the right to claim compensation, and generally the damage claim is established when the actual damage occurs