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서울동부지방법원 2015.10.06 2014가단36703
물품대금
Text

1. The Defendant shall pay 2.2 million won to the Plaintiff and 20% per annum from August 8, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation running an information and communications construction business, broadcasting receiver, and other video sound equipment manufacturing business, radio communication broadcasting, and application equipment manufacturing business, and the Defendant is a corporation running electrical construction business, etc., and the authenticity of the non-party corporation (hereinafter referred to as “satisfy”) is a corporation running an information and communications construction business, electrical construction business,

B. On October 27, 2010, the Plaintiff agreed to supply image equipment to the Defendant, and the Defendant to pay the price of KRW 75 million (excluding value-added tax).

C. From January 201 to May 201, 201, the Plaintiff supplied film equipment, etc. with a total of KRW 82.5 million ( KRW 75 million) from January 201 to May 201. The Plaintiff paid KRW 53 million out of the price of the said product until August 25, 2011.

On the other hand, on July 25, 201, the defendant prepared a written agreement to divide the electrical construction business among the earthquake projects and to merge the defendant with the defendant. On July 27, 201, after making the merger by split-merger announcement, the defendant completed the merger by split-merger registration on September 7, 201.

E. On September 7, 2012, Jinjin Co., Ltd. (hereinafter “Sinjin”) drafted a written agreement to divide the business sector related to the Jinsung electrical construction business and merge it into Jinjin, and completed the merger registration on October 16, 2012.

F. The Plaintiff received reimbursement of KRW 7.3 million out of the amount of goods unpaid on July 15, 2014.

[Grounds for Recognition: Evidence Nos. 1 through 8, Evidence Nos. 1, 2, 5-1, 2-2, and the purport of the whole pleadings]

2. Determination

A. According to the above facts of determination as to the cause of claim, since the defendant divided and merged the business of truth, pursuant to Article 530-9(1) of the Commercial Act, barring any special circumstance, the defendant's complaint of this case shall be filed, as requested by the plaintiff, with the amount of 2.2 million won ( KRW 82.5 million - 53 million - 7.3 million - 53 million), the amount of goods unpaid to the plaintiff, jointly and severally, prior to the division and merger, shall be borne by the plaintiff.

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