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(영문) 대전고등법원 2017.05.24 2016나16380
공사대금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

The reasoning of the judgment of the court of first instance cited in the judgment is as follows, and the part No. 6, No. 1, 10 of the judgment of the court of first instance is added, and the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for adding the judgment concerning a new argument of the plaintiff in the court of first instance

[Attachment] The Plaintiffs asserts that it is unreasonable to claim exemption from the rehabilitation procedures despite the Plaintiffs’ failure to respond to the Plaintiffs’ failure in the rehabilitation procedures due to the Plaintiffs’ failure to know of the rehabilitation procedures. However, the Plaintiffs were unable to report claims until the closing of the meeting of interested persons for the examination of the rehabilitation plan because they were unable to know of the rehabilitation procedures due to the rehabilitation creditors’ failure to receive individual notification of the commencement of the rehabilitation procedures and the reporting period of the rehabilitation claims, etc. In addition, if the rehabilitation creditors were to know the existence of the rehabilitation claims or their assertion, or if they were not entered in the list of rehabilitation creditors even though they were able to know of the existence of the rehabilitation claims or their assertion, the rehabilitation creditors may supplement the report of the rehabilitation claims within one month from the date on which they became aware of the rehabilitation procedures even after the meeting of interested persons for the examination of the rehabilitation plan was completed (see Supreme Court Order 2011Da256, Feb. 13, 2012).

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