1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the whole pleadings in the entries in Gap evidence Nos. 2-1 to 5, Gap evidence No. 6, and evidence No. 7:

From August 2011 to March 2012, 2012, the Plaintiff received a subcontract for electrical construction at each construction site from B Co., Ltd. (hereinafter referred to as “B”) and completed the construction work, such as the attached Form B “B construction content and statement of issuance of invoice.”

B. B did not pay the Plaintiff KRW 108,750,000 out of the above electrical construction price.

2. The plaintiff's assertion and judgment as to the plaintiff

A. In full view of the following circumstances as a whole, B transferred its business to the Defendant, and the Defendant belongs to B’s trade name, so Pursuant to Article 42(1) of the Commercial Act, B is obligated to pay KRW 106,450,000 out of the above electrical construction price that B did not pay to the Plaintiff pursuant to Article 42(1) of the Commercial Act and delay damages

According to B’s registry, C is the actual representative of B and operator, and D, his spouse, was registered as B’s representative director.

C operates both B and the Defendant (the management and supervision was conducted in the construction site), and E, one of its own drivers, as the representative director of the Defendant, was registered as the Defendant’s company director, and F, one of his own parents, as the Defendant’s internal director.

Since the former trade name of the defendant is "G Co., Ltd." and is common in the trade name and main parts of B, it is necessary to continue to use the trade name.

The defendant's objective business is the same as B's objective business with building work business, civil engineering work business.

The employees who work continuously in B and the defendant are 14 persons, including C (Substantial Operators) and E (the representative director of the defendant, and in charge of painting and waterproof construction) and are in charge of important affairs in two companies.

B. The legal doctrine on the Plaintiff’s assertion and the business under Article 42(1) of the Commercial Act refers to a functional property as an organic integration organized for a certain business purpose.