The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Basic Facts

On January 1, 2014, Defendant B Co., Ltd. (hereinafter “Defendant B”) who had engaged in electric equipment sales business, electrical construction business, fire fighting construction business, etc. divided the electrical construction business sector between Defendant C Co., Ltd. (hereinafter “Defendant C”) and Defendant B, and Defendant C comprehensively succeeded to the rights and obligations related to the business by merging the divided portion, and Defendant C entered into a merger agreement with the surviving parties. Accordingly, Defendant C completed the merger registration on March 18, 2014.

On January 23, 2015, Defendant B completed the registration of division on March 4, 2015 with the approval of the general meeting of shareholders as to the division plan to establish D by dividing the fire construction business sector into a stock company, and Defendant D completed the registration of incorporation on February 27, 2015.

[Ground] Facts without dispute, Gap 2 through 4 evidence, Eul 1 through 4 evidence (including each number; hereinafter the same shall apply), and the purport of the whole argument of the plaintiff as to the purport of the whole argument, the plaintiff paid to defendant B the amount of KRW 100 million on January 8, 2014, the amount of KRW 50 million on January 14, 2014, the amount of KRW 20 million on June 20, 2014, the amount of KRW 6.9% per annum, the due date for payment on January 7, 2016, and the defendant B repaid to the plaintiff KRW 3 million on August 29, 2014, and KRW 7317 million on September 30, 2014.

Therefore, Defendant B’s loan obligations against Defendant B to the Plaintiff at the principal and interest amounting to KRW 62 billion.

The principal of the loan that remains after the statutory appropriation of each of the amounts under paragraph (1) is liable to pay damages for delay from October 1, 2014, which is the day following the last repayment date. Defendant D is jointly and severally liable with Defendant B and the Plaintiff pursuant to Article 530-9 of the Commercial Act, as a company that comprehensively succeeds to the construction business sector of Defendant B on February 27, 2015.

Meanwhile, Defendant C divided and merged the electrical construction sector of Defendant B on March 18, 2014, and jointly and severally with Defendant B pursuant to Article 530-9 of the Commercial Act, and the obligation of Defendant B to the Plaintiff incurred until March 18, 2014.