부당이득금
1. Revocation of the first instance judgment.
2. The plaintiff's claim (including the part extended by this court) is all dismissed.
3...
1. Finality of the defendant
A. The record reveals the following facts.
1) On February 4, 2015, the Plaintiff Company B, a party to the lawsuit, (hereinafter “B”).
(2) The instant lawsuit was divided on April 3, 2017, which was pending in the first instance trial, and the CA, BZ Co., Ltd. (hereinafter “BZ”), and CB Co., Ltd. newly established, respectively, and B continues to take charge of the remainder of the business except for the portion subject to division.
3) B’s division plan provides that B shall comprehensively succeed to the rights and obligations of the construction equipment sector of B, including the rights and obligations in the lawsuit against the Plaintiff in the instant lawsuit. 4) B submitted a written application to resume the legal proceedings on the ground that the construction equipment sector of B was divided on June 7, 2017, and the construction equipment sector of B was newly established and accordingly succeeded to the legal status of B against the Plaintiff.
B. Article 530-10 of the Commercial Act provides that “A company newly incorporated by simple division, succeeding company by division, or newly incorporated company by division shall succeed to the rights and obligations of the divided company under the conditions as prescribed by the division plan or the division and merger plan. In a case where a corporation’s rights and obligations are succeeded to a newly incorporated corporation under the provisions of law, the legal status of the newly incorporated corporation shall also be succeeded to the newly incorporated corporation (see, e.g., Supreme Court Decision 2001Da44352, Nov. 26, 2002). 2) According to the foregoing facts, B, on April 3, 2017, divided the existing company into three separate companies, while continuing to exist, and the said company’s division plan prepared under the provisions of the Commercial Act provides that the rights and obligations are transferred from B to B in the case of the instant lawsuit.
As such, B and B.