[물품대금][공2008상,381]
Whether the obligations jointly and severally borne by the company established at the time of division or merger through division and the company surviving the division or merger through division pursuant to Article 530-9 (1) of the Commercial Act, and obligations for which the maturity date of payment has not yet arrived at the time of
Pursuant to Article 530-9 (1) of the Commercial Act, obligations of the company established through the division or merger after division, which are jointly and severally liable to the creditors of the company prior to the division or merger after division, shall include obligations of the company prior to the division or the merger after division, which occurred before the division or the merger after division takes effect, but whose maturity has yet
Article 530-9 (1) of the Commercial Act
[Defendant-Appellee] The Korea Forest Service Corporation (Attorney Kang Young-hun et al., Counsel for defendant-appellee)
E.S. Co., Ltd. (Attorney Kang Jae-won et al., Counsel for the plaintiff-appellant)
Gwangju High Court Decision 2006Na1376 decided September 21, 2007
The appeal is dismissed. The costs of appeal are assessed against the defendant.
We examine the grounds of appeal.
Pursuant to Article 530-9 (1) of the Commercial Act, the obligations of the company established through the division or merger after division and the company surviving the division and merger are jointly and severally liable to the creditors of the company before the division or the merger after division take effect, but the obligations of the company before the division or the merger after division have yet to come due at the time of the division or the merger
According to the reasoning of the judgment below and evidence adopted by the court below, even if the defendant company entered into a contract with the plaintiff company on March 16, 2005 to be provided with approximately 300 hours for the completion of the construction work at the ○○○○ church and its affiliated kindergarten construction site (hereinafter "the construction site of this case") (hereinafter "supply contract of this case") at the time of the above construction site (hereinafter "the supply contract of this case"), it is impossible to accurately predict the time of supply for the above construction site from March 2005 to 205 without separately stipulating the time of supply for the above 10 to 15th of the above 20th of the month, the company is jointly and severally liable for the completion of the construction work of this case from the 16th of the same month to the 20th of the above 16th of the following month, and the company is jointly and severally liable for the completion of the construction work of this case to the 20th of the new construction work site after the conclusion of the contract of this case.
Therefore, although the judgment of the court below to this purport is somewhat inappropriate in its expression, it is just, and there is no error of law by misunderstanding the rules of evidence or misunderstanding the legal principles as to the scope of the obligation jointly and severally liable to the company established by the division of a company.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Jeon Soo-ahn (Presiding Justice)