분할합병무효
1. On July 3, 2018, Defendant C Co., Ltd. divided part of the business of Defendant C Co., Ltd. (the part of electrical construction business).
1. On May 9, 2018, the Defendants indicated the claims entered into a merger agreement under which they divide the part of the electrical construction business, which is part of Defendant B’s business, and merge the said part with Defendant C, and passed a resolution to approve the said agreement by holding a provisional shareholders’ meeting on May 24, 2018. On July 3, 2018, the Defendants completed the procedures for notification to creditors, and completed the procedures for the division and merger of the said contents.
The Plaintiff is a creditor who had a claim against Defendant B at the time of the above merger by split, and the Defendant B was aware of such fact, but did not demand the Plaintiff to raise an objection against the above merger by split pursuant to Articles 530-11(2) and 527-5(1) of the Commercial Act.
Therefore, the above merger by split between the Defendants is null and void because it does not go through the creditor protection procedure under the Commercial Code.
2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;