A. The Plaintiff respectively lent KRW 20,000,000 on December 29, 2006, and KRW 40,000 on January 17, 2007, to C, the representative director of Company B, for the interest rate of KRW 2%, and three months for the lending period of KRW 30,000 on December 29, 2006.

On January 17, 2007, KRW 40,000,000 was paid in January 18, 2007.

The Plaintiff received a cash custody certificate from each of the above loans as the cash custodian B on May 22, 2007, when B changed its trade name to D Co., Ltd. (hereinafter “D”), and received a certificate of cash custody from the cash custodian D.

C. The Plaintiff is a person who received interest from D to December 2009, and the Defendant divided and merged the portion of D’s electrical construction business on October 18, 2010.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 11 (including each number), witness C's testimony, the purport of the whole pleadings

2. Determination

A. According to the above facts, a company established through division or merger after division or a surviving company is jointly and severally liable for the company's obligations before division or merger after division (Article 530-9(1) of the Commercial Act). The defendant is obligated to pay to the plaintiff a total of 137,798,356 won [the principal = 67,798,356 won per annum 24% per annum from January 1, 2010 to January 13, 2014 (=70,000 won per annum 24% per annum 70,000,000 won per annum x 24% per annum 】 4 years x 13 days per annum 4,00 won per annum) and damages for delay at the rate of 24% per annum from January 14, 2014 to the date on which the agreement is repaid.

B. The defendant's assertion is that the defendant is not liable for the repayment of the loan of this case unless it is proved that the plaintiff's claim is related to the electrical construction business, but Article 530-9 (1) of the Commercial Act exists due to the merger.