[구상금청구사건][하집1985(2),121]
Whether the transferee can be seen as the transferee of a comprehensive construction business solely on the fact that the transferee of the electrical construction business license of the parties has approved by the power resource director (negative)
Since the approval of the chief of the power resource department under Article 10(1) of the Electrical Construction Business Act is merely a supplement to complete the legal effect of the acquisition by transfer of electrical construction business between the parties concerned, if the acquisition by transfer of the electrical construction business license between the parties cannot be seen as a comprehensive succession to the electrical construction business, the fact that the approval by the chief of the power resource department has been obtained, but it cannot be readily concluded that the transferee is a construction business transferee who has comprehensively
Article 10 (1) of the Electrical Construction Business Act and Article 11 of the Electrical Construction Business Act.
【Court Decision 82Nu311 decided Apr. 24, 1984 (No. 325Gong730 decided Apr. 7, 198)
Credit Guarantee Fund
Central Construction Corporation
Chuncheon District Court (83 Gohap542 delivered on January 1, 200)
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
The original judgment shall be revoked.
The defendant shall pay to the plaintiff the amount of KRW 9,337,820 and the amount of KRW 7,769,847 with 18% interest per annum from July 31, 1983 to the date of full payment.
The costs of lawsuit shall be assessed against the defendant in both the first and second trials and a declaration of provisional execution.
The plaintiff's ground of claim is that the non-party 1 corporation (hereinafter referred to as the " non-party 1 corporation") with the aim of the electrical construction business and its incidental business 17. 7. 8. 8. 8. 8. 8. 14,00,00 annual interest rate of the non-party 14. 7. 8. 8. 8. 1. 8. 8. 8. 8. 1. 8. 8. 1. 4,00 interest rate of the above interest rate of the plaintiff's 1. 7. 8. 8. 1. 8. 1. 4. 8. 1. 8. 1. 6. 8. 1. 1,000 interest rate of the above interest rate of the plaintiff's 1. 7. 8. 4. 8. 1,000 . 1,000 7. 1,000
First, in the instant case, the Defendant’s first-class electrical construction business license was transferred from the above 10th day to the above 1st day, and the Defendant’s first-class electrical construction business’s first-class electrical construction business’s first-class electrical construction business’s first-class electrical construction business’s first-class electrical construction business’s first-class electrical construction business’s first-class electrical construction business’s first-class electrical construction business’s first-class electrical construction business’s first-class electrical construction business’s first-class electrical construction business’s first-class electrical construction business’s first-class electrical construction business’s first-class business’s first-class electrical construction business’s first-class business’s first-class electrical construction business’s first-class electrical construction business’s first-class business’s first-class business’s first-class business’s first-class business’s first-class business’s first-class business’s first-class business’s first-class business’s first-class business’s first-class business’s first-class business’s first-class business’s second business’s second business’s second business’s second business’s second business’s first-class business’s second business’s second business’s second business’s second business’s second business’
Therefore, the plaintiff's claim for reimbursement of this case, which the defendant seeks on the premise that he is a construction business transferee under the Electrical Construction Business Act, shall be dismissed on the ground that there is no further need to determine, and therefore, the decision of the court below is just and without merit, and the plaintiff's appeal is dismissed, and the costs of appeal are assessed against the losing party.
Judges Lee Jae-so (Presiding Judge)