A. Facts of recognition 1) The Plaintiff is a stock company C around March 24, 2015 (hereinafter “foreign company”).

(2) In the event that the non-party company pays the price in full and delays the payment of the price in full within 90 days from the date of the supply of the product, the non-party company shall enter into a solar boiler supply contract (hereinafter referred to as “instant contract”) under which the Plaintiff shall pay damages for delay calculated at 36.5% per annum.

(2) The Plaintiff completed the supply of goods as stipulated in the instant contract by March 31, 2015, but the Nonparty Company did not pay KRW 120 million out of the price of goods until June 29, 2015.

3) On October 16, 2018, the Defendant divided and merged the part of the electrical construction business of the non-party company (which is the ground for recognition).

B. According to the facts of the above recognition, the defendant, a divided company of the non-party company, is jointly and severally liable to pay the price for the goods to the plaintiff of the non-party company prior to the division.

(1) The Defendant is obligated to pay to the Plaintiff the amount of damages for delay determined at the rate of 36.5% per annum from June 29, 2015 to the date of full payment, as stipulated in the instant contract, to the effect that the liability for the payment of the above goods was excluded from joint liability and the creditor protection procedure was taken for such circumstances. However, there is no evidence to acknowledge this)

2. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.