A. On April 6, 2012, the Plaintiff extended a loan of KRW 1,250,000 (hereinafter “the first loan”) to D Co., Ltd. (hereinafter “D”) as of October 5, 2012 by setting the due date for repayment of KRW 1,250,000 (hereinafter “the first loan”).

B. On April 23, 2018, the Plaintiff extended a loan of KRW 380,000,000 (hereinafter “the second loan”) to D with the due date set on April 19, 2019.

C. As of April 23, 2020, D’s obligation of the first and second loans against D as of April 23, 2020 are listed below.

Items 151,823,701 won in arrears interest rate of 26,407,727,94,917 won in arrears interest rate of 151,823,701 won in arrears interest rate of 26,407,727 won in 3,74,917 won in 181,976,345 won in 7.65% in 23,402,388 won in 422,896,773 won in total, 10.72% in 531,823,701 won in 45,902, 27,147, 305 won in 604,873,118 won in arrears interest rate of the unpaid principal.

D. Meanwhile, D, on November 21, 2018, divided the electrical construction business sector and merged to the Defendant.

(hereinafter “this case’s merger after division”). [The grounds for recognition] does not dispute, Gap evidence 1-1 through 4, Gap evidence 2-1 through 4, Gap evidence 3, Gap evidence 4 and the purport of the whole pleadings.

2. Determination:

A. Article 530-9(1) of the Commercial Act provides that “A divided company, a newly incorporated company, a succeeding company to a division or a newly incorporated company to a division shall be jointly and severally liable for the obligations of the divided company before the division or the split-merger.”

Meanwhile, the aforementioned obligations of a divided company, which occurred before the split-off take effect, did not yet occur before the split-off takes effect, but the legal relationship that forms the basis of its establishment has already arisen (see, e.g., Supreme Court Decision 2010Da71660, Dec. 23, 2010). According to the foregoing findings of recognition, the Defendant, who divided and merged the electrical construction business sector from D, has a joint and several obligation with D, barring special circumstances, shall jointly and severally lend the first and second loans to the Plaintiff.