Of the part of the lower judgment against the Defendant, the damages for delay for the period from December 12, 2009 to June 25, 2013 shall be claimed.

The grounds of appeal are examined.

1. The bankruptcy procedures provided for in Part III of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Bankruptcy Act”) are the procedures that enable the debtor to fairly satisfy all creditors when the debtor is in insolvency status because he/she is unable to repay all assets to all creditors with any total amount of his/her assets, and the debtor’s bankruptcy grounds exist. When the debtor is declared bankrupt, the right to manage and dispose of all assets that the debtor owns at the time that the debtor is declared bankrupt belongs to the bankruptcy estate and the bankruptcy estate belongs to the bankruptcy estate, and the right to manage and dispose of the bankruptcy estate shall be exclusively attached to the trustee in bankruptcy. Any bankruptcy creditor who holds a property claim arising from the cause that occurred prior to the declaration of bankruptcy against the debtor is prohibited in principle from exercising his/her right to voluntary repayment

(1) Articles 1, 382(1), 384, 423, 424, and 505 of the Debtor Rehabilitation Act (see, e.g., Articles 1, 482(1), 384, 423, 424, and 505). In addition, where any property claim against the debtor is in a state of default prior to the declaration of bankruptcy, any claim arising before the declaration of bankruptcy among the claims for damages and penalty arising therefrom constitutes a bankruptcy claim, but any claim arising after the declaration of bankruptcy is subsequent to the declaration of bankruptcy (Article 446(1)2 of the Debtor Rehabilitation Act). However, the Debtor Rehabilitation Act provides for a general estate claim under Article 473 and special estate claim under other special provisions for various policy reasons, such as the progress of fair and smooth bankruptcy procedures, the stability of the workers’ livelihood, etc., and stipulates that the trustee in bankruptcy shall repay it from time to time without resorting to bankruptcy procedures and make repayment prior