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(영문) 서울고등법원 2015.10.28 2014나2030689
손해배상(건)
Text

1. Of the judgment of the court of first instance, the part concerning Defendant Gold Industry Co., Ltd., two industry construction Co., Ltd, and construction mutual aid associations.

Reasons

1. The basic facts;

2. The plaintiff's assertion;

3. Determination as to the legitimacy of the Plaintiff’s lawsuit against the trustee in bankruptcy for the construction of newness and the development of medical services;

4. Determination as to the Plaintiff’s claim for the Defendant Gold Industry and Dusan Construction

A. The reasons for the entry in this part are as follows (the main text of Article 420 of the Civil Procedure Act), with the exception of the parts that fall under the reasons for the judgment of the first instance, (i) and (ii). The 4th 12th 12th 12th 2nd “Defendant Newsung Construction Co., Ltd. (hereinafter “Defendant Newsung Construction”)” are “Defendant Newsung Construction.” up to 5th 1-3th 201, the rehabilitation procedure was completed after obtaining the rehabilitation plan discontinuation order on August 7, 201, where the lawsuit in this case was pending, and the F.O. 3 had already been appointed as bankruptcy trustee before the completion of the construction contract, with the exception of the 9th Da 3rd 132 and the construction contract had already been completed by the construction work prior to the completion of the construction contract, and the construction work had already been completed by the construction work prior to the completion of the construction contract.”

In such a case, even if damage was actually caused by defects of the object completed after the commencement of rehabilitation procedures for the contractor, it is reasonable to view that the main cause of damages claim in lieu of defect repair exists before the commencement of rehabilitation procedures, barring any special circumstance. Therefore, the above contractor's defect repair is

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