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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff’s claim 1) The Plaintiff operates an information and communications construction company (hereinafter “Cheong-chul”)
(3) On November 3, 2011, 201, the Plaintiff filed an application with the Incheon District Court for a payment order against Cheongbu who was holding a claim for the construction cost and filed an application for a payment order with the Incheon District Court No. 201j15051 to pay the Plaintiff the amount calculated at the rate of 20% per annum from the day after the original copy of the payment order was served to the day of full payment (hereinafter “first payment order”).
(1) On November 201, 201, the first payment order was served with the original copy of the payment order, and was finalized on November 26, 2011. On April 24, 2012, 201, the Plaintiff filed an application for a payment order against the Defendant for a joint payment order with the Incheon District Court Decision 2012 tea 4941, and filed an application for a payment order for a check payment order with the Plaintiff on April 24, 2012, stating that “to pay the Plaintiff the amount of KRW 197,108,304, and the amount of money calculated at the rate of 6% per annum from January 21, 2012 to the delivery date of the original copy of the payment order, and 20% per annum from the next day to the date of full payment” (hereinafter “second payment order”).
(2) On May 15, 2012, 2012, Cheongju L&C entered into a merger agreement with the effect that “Cheongju Construction Business, Electrical Construction Business, and Related Property are divided and merged into Chungcheong L&C” on February 4, 2012, and Chungcheong L&C completed the merger registration on March 7, 2012.
3. On April 10, 2013, the Plaintiff filed a lawsuit against Chungcheong C&C for the claim of construction cost under the Incheon District Court 2013Gahap9938, and on November 22, 2013, 3213, 321,904, 700, and 124,796, 396, with respect to the Plaintiff’s KRW 20% per annum from November 12, 201 to the date of full payment, and the amount calculated on November 12, 201, 197.