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(영문) 인천지방법원 2018.12.18 2018나51709
공사대금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Basic facts

A. On February 17, 2016, a local comprehensive construction company (hereinafter “local comprehensive construction”) divided part of the fire-fighting system installation business, which is part of its business, and the Defendant divided and divided the aforementioned business parts.

B. On April 27, 2016, the Plaintiff filed a lawsuit seeking payment of the outstanding amount among the construction costs from the Incheon District Court Branch Branching 2016Kadan105727, which was the Defendant for the construction of Doddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd

hereinafter referred to as "the final judgment of this case"

(ii) [Ground of recognition] unsatisfy, Gap evidence Nos. 1 and 2 (including paper numbers), remarkable facts to this court, the purport of the whole pleadings;

2. In determining the cause of the claim, Article 530-9(1) of the Commercial Act provides that “A company established by division or merger after division or a surviving company after division shall be jointly and severally liable for the obligations of the company before division or merger after division.” Thus, barring any special circumstance, the defendant, who is partially divided and merged a part of the fire-fighting system installation business of local comprehensive construction before division or merger after division, shall be jointly and severally liable for the obligations of local comprehensive construction and the plaintiff with respect to the obligations of the plaintiff of local comprehensive construction before division or merger

3. Judgment on the defendant's defense of extinctive prescription

A. The period of extinctive prescription of the Plaintiff’s claim for construction price against Dodi Integrated Construction shall be three years pursuant to Article 163 subparag. 3 of the Civil Act, and the period of repayment shall be December 2012 when the Plaintiff completed the construction. However, it is evident that the Plaintiff’s claim for construction price was filed on February 16, 2017, which is clear that three years have passed since the lawsuit of this case was filed on February 16, 2017.

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