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1.The judgment of the first instance shall be modified as follows:
The defendants are 1,438,543,024 won and among them, 261.
Reasons
1. The reasoning for the court’s explanation concerning this case is as follows: (a) adding the following Paragraph 2 to the 10th three following the judgment of the first instance court; and (b) changing the part of Paragraph 3 to the grounds for the judgment of the first instance as stated in Paragraph 3 below; and (c) citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is,
2. The Defendant’s administrator had already been inherent from the time of completion on August 30, 2004 due to the initial design mistake, and the phenomenon of strike, which is the direct cause of the instant defect, had already started before September 25, 2009.
Therefore, the plaintiff's right to claim damages against the defendant custodian constitutes "property claim arising from the commencement of rehabilitation procedures" under Article 118 subparagraph 1 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter "the Debtor Rehabilitation Act") or "damage compensation due to non-performance of obligation after the commencement of rehabilitation procedures" under Article 118 subparagraph 3 of the same Article. Thus, the plaintiff's right to claim damages against the defendant custodian is extinguished or invalidated due to the plaintiff's failure to report the rehabilitation claims, and even if the plaintiff's right to claim damages against the defendant custodian is not a rehabilitation claim, it shall not be deemed to constitute other claims after the commencement of rehabilitation under Article 181 of the Debtor Rehabilitation Act, and thus, it shall not be possible
According to the Debtor Rehabilitation Act, property claims arising prior to the commencement of rehabilitation procedures, damages for nonperformance after the commencement of rehabilitation procedures and penalties for the debtor constitute rehabilitation claims (Article 118). Any rehabilitation creditor who intends to participate in rehabilitation procedures shall report rehabilitation claims within the reporting period set by the court (Article 148), and any custodian shall separately prepare a list of rehabilitation creditors, etc. in the court.