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(영문) 서울고등법원 2016.11.24 2016나2044606
연대채무금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3.Paragraph 1 of the text of the judgment of the court of first instance.

Reasons

1. Basic facts

A. On December 3, 2013, 196, 200 won at par value 140,000,000, the addressee, and the date of payment of promissory notes issued and delivered to the Plaintiff on February 28, 2014

(B) The Plaintiff, on December 3, 2013, issued an execution clause on March 4, 2014, to the effect that, on December 3, 2013, in the event that the Plaintiff delays the payment of the amount of the Promissory Notes to the Plaintiff, he/she did not object to the payment of the amount of the Promissory Notes (No. 815 of the Certificate No. 2013 by a notary public). However, on December 3, 2013, the Plaintiff was granted the execution clause on the said No. 1213, Mar. 4, 2014.

B. Around April 22, 2015, 2015: (a) through a special general meeting of shareholders, the term “electric construction business” in the business part of the Roman is divided and divided into the defendant (hereinafter “instant division and merger”); (b) the beneficiary company approved the written agreement of the agreement to assume only the liabilities related to the invested property among the liabilities of the Roman divided by the defendant, and (c) the beneficiary company sent the written peremptory notice to the Plaintiff on April 23, 2015, stating the following.

The defendant shall bear only the obligations with respect to the assets invested by the defendant among the obligations of the company divided, and the creditors shall be exempted from joint liability with respect to the other obligations, and the interested parties and creditors who have an objection to the individual peremptory procedures provided for in Article 527-5 of the Commercial Act shall submit their opinions in writing at the head office or Seoul office of the Mama by no later than May 26, 2015.

230, 102, 102, 302, 302, 102, 302, 10-4, 302, 8, 8, 300, 8, 8,000,000

C. On April 28, 2015, the Plaintiff opposed to the instant merger by split, thereby repaying the full amount of the claim to the Plaintiff or providing adequate security.

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