1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Finality of the defendant

A. B Co., Ltd. (hereinafter “B”) divided the former Chapter and Warsaw Business Division into H Co., Ltd. (hereinafter “H”) on October 1, 2017, when the instant lawsuit was pending, and the written contract for division was divided into “B” and “H” as a separate company. If it relates to the sector subject to division as to the debt sharing between B and H, a divided company, and “B,” the fact that H succeeds to the rights and obligations in the instant lawsuit is significant to this court.

B. In a case where a corporation’s rights and duties are succeeded to a newly established corporation under the provisions of law, such corporation’s legal status is also succeeded to a newly established corporation in a pending lawsuit in the absence of special circumstances (see, e.g., Supreme Court Decision 2001Da44352, Nov. 26, 2002).

Article 530-9(2) of the Commercial Act provides that “A division plan shall be established between a company established by division and a surviving company.” As long as H, which is wholly established by the division plan between B and H, pursuant to the division plan, intends to succeed to all the rights and obligations arising from the instant lawsuit pursuant to Article 530-10 of the Commercial Act, a succession to all the rights and obligations arising from the instant lawsuit takes place pursuant to Article 530-10 of the Commercial Act. As such, it is necessary for H to take over the instant lawsuit procedure where a corporation’s rights

H on August 22, 2018, submitted a written application for resumption of proceedings on the ground that the rights and obligations relating to the instant lawsuit were transferred from a divided company.

Therefore, H succeeded to the legal status of B in the instant lawsuit, and came to have succeeded to the status of the Defendant as a litigation receiver upon the above request for a takeover of the lawsuit.

2. Basic facts

A. The Plaintiff is engaged in the automobile parts manufacturing business.