집행문부여의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On July 27, 2009, the Plaintiff transferred KRW 100 million to D Co., Ltd. ( Address Nam-gu, Ulsan-gu E) by account transfer. The Plaintiff, along with the above company, prepared a notarized deed of debt repayment contract No. 498 of July 27, 2009 by a notary public C belonging to the Ulsan District Public Prosecutor's Office of Ulsan District Public Prosecutor's Office on July 27, 2009. The content is that if the above company fails to perform the same obligation as that stated in the separate sheet, the Plaintiff is aware that there is no objection even if the Plaintiff immediately conducted compulsory execution.
(hereinafter referred to as “instant notarial deed”). (b)
D Co., Ltd. completed the procedure of mutual change on February 4, 2010, and again on April 5, 201 as F Co., Ltd.
C. On July 13, 2010, the Defendant was a corporation established for the purpose of electrical construction business, etc., and completed the registration on July 16, 201 by division and merger of the above FF Co., Ltd. ( Address Nam-gu E) and completed the registration on July 16, 201.
2. The assertion and judgment
A. The summary of the argument (1) The plaintiff divided and merged the FF corporation with the defendant, and the FF corporation changed its trade name into B corporation, and the defendant comprehensively succeeded to the above merged company's obligations through division and merger. Thus, the execution clause against the defendant should be granted for the execution of the notarial deed of this case.
(2) The defendant asserts that the obligation succeeded under a merger agreement is limited to the dry construction business obligation among the obligation of the merged company, and the obligation based on the notarial deed of this case is not subject to succession, and the general meeting of shareholders has passed a resolution. Even if the obligation based on the notarial deed of this case was succeeded, it constitutes an overlapping assumption of obligation, not an obligation with immunity, and thus, the execution clause for the defendant shall not be granted.
B. (1) Determination is that a company established by division or merger after division or a surviving company (hereinafter referred to as “division after division”).