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1.The judgment of the first instance shall be modified as follows:
The plaintiff's rehabilitation claim against the debtor B is the rehabilitation claim.
Reasons
1. The reasoning for this part of this Court is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except in the following cases:
A. Second of the judgment of the first instance court
“1,904 square meters” of one line shall be raised to “2,540 square meters.”
The judgment of the first instance court is dismissed.
The part of Paragraph B, “the Plaintiff,” which “A, engaged in the construction business, etc. (the Changwon District Court 2018 Ma10012, Apr. 4, 2018, and C, the representative director, was deemed a legal administrator; hereinafter referred to as “B,” and omitted in the indication of the same company; hereinafter referred to as “B”), is the part of “the Plaintiff,” and “the Plaintiff (the Changwon District Court 2018 Ma10012, Apr. 4, 2018, the rehabilitation procedure was commenced on Jan. 23, 2020, and the rehabilitation procedure was completed on Jan. 23, 2020. The indication of the parties, regardless of whether it was before or after the completion of the lawsuit following the commencement of the rehabilitation procedure, are all indicated “B” as “the Defendant.”
The list of the third and fourth parts of the judgment of the court of first instance shall be as follows:
[Written Contract for Construction Works] Article 5 (Contract Bond) (1) The defendant shall pay the contract bond stipulated in the contract to the plaintiff in cash before entering into the contract.
However, in lieu of cash payment, the following guarantee certificates, etc. (hereinafter referred to as "contract guarantee certificates") may be submitted within 10 days from the conclusion of the contract:
(2) If the contract price has been increased, the defendant shall additionally pay or submit a contract bond or contract guarantee of an amount equivalent thereto in accordance with paragraph (1), and if the contract price has been reduced, the plaintiff shall return the corresponding amount of contract bond to the defendant, or agree to reduce the scope of guarantee in the contract guarantee.
Article 6 (Disposition of Contract Deposit) (1) The defendant fails to perform his contractual obligation, or the contract is cancelled or terminated in accordance with Article 37 (1).