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1. The Defendant’s KRW 51,240,00 for the Plaintiff and KRW 20% per annum from June 12, 2015 to September 30, 2015.
Reasons
1. Basic facts
A. The Plaintiff is a company running civil engineering and design engineering business, etc., and the Defendant (former Company B) was a company running geological research and exploration business, which merged a stock company A (hereinafter “former Company A”) on July 17, 2010, and changed the name of the company to A, and the company was partially divided into Company C on July 13, 2012.
B. On June 18, 2010, the Plaintiff entered into a contract for personnel support service in the water resource field (hereinafter “instant contract”) among research and design services with D, the contract amount of KRW 92,40,000 (excluding value-added tax) and the contract period from June 18, 2010 to September 17, 2010, with D’s representative prior to the merger. Around that time, the Plaintiff agreed to increase the contract amount of the instant service contract into KRW 130,40,000 (value-added tax separate).
C. The Plaintiff completed all of the services under the instant service contract, and received a total of KRW 35 million from the Defendant on March 31, 201, KRW 30 million, and KRW 5 million on June 11, 2012, and KRW 35 million from Co., Ltd. on September 24, 2012, KRW 10 million, and KRW 32 million on April 22, 2013, KRW 57.2 million on May 22, 2013.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings
2. The parties' assertion and judgment
A. Articles 530 and 235 of the Commercial Act provide that the surviving company after a merger or the newly incorporated company due to a merger shall succeed to the rights and duties of the surviving company due to a merger. Article 530-9 of the Commercial Act provides that the surviving company after a merger or the surviving company after a merger or a surviving company after a merger shall be jointly and severally liable for the obligations of the surviving company after a merger or a surviving
In full view of the above-mentioned provisions and the facts recognized in the above-mentioned facts, a company which remains after the merger.