1. The Defendant’s KRW 24,200,000 as well as 20% per annum from May 21, 2015 to September 30, 2015 to the Plaintiff.

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff and Gyeonghee Construction Co., Ltd. (hereinafter “Gyeonghee Construction”)

On November 26, 2013, the Plaintiff entered into a contract for construction works (hereinafter referred to as the “instant contract for construction works”) with the content that the Plaintiff was awarded a contract for the temporary power works (including the value-added tax) for Han-man apartment (including the construction site: the 186-53 and 18 parcels in the Eup, Yan-gun-gun, Chungcheongnam-gun, Seoul) for the construction cost of KRW 24,200,000 (including the construction site):

A) Around December 18, 2013, the Plaintiff concluded a contract for construction work (Evidence 1) and filed a claim for the construction work payment at Gyeonghee Construction, after completing construction work under the instant contract for construction work.

(갑 제2호증). 3) 피고는 2014. 7. 10.경 경희건설의 토목공사업, 건축공사업, 토목건축공사업(이하 ‘토목건축공사업’이라 한다

A) Division divided and merged (Evidence 3-12 of the Evidence 12 of the A) (the fact that there is no dispute over the grounds for recognition, Gap evidence 1 and 2, Gap evidence 3-12, and the purport of the whole pleadings

B. Under Article 530-9(1) of the Commercial Act, barring any special circumstance, a company established through a judgment or a surviving company following a division or a merger after division (hereinafter “divided company”) shall be held jointly and severally liable for obligations other than those originally agreed to be borne by each party’s respective division plan or written agreement pursuant to Article 530-9(1) of the Commercial Act. This joint and several liability is a legal liability to be borne by the creditor regardless of whether a separate peremptory notice was given to the creditor, and the creditor did not raise any objection.

Circumstances such as omitting individual peremptory notice due to the division or the consent of the creditor to the division or the merger by division shall not affect the establishment of joint liability of the company subject to division as provided in Article 530-9 (1) of the Commercial Act.

(see Supreme Court Decision 2009Da95769, Aug. 26, 2010). Accordingly, pursuant to Article 530-9(1) of the Commercial Act, the Defendant, as a matter of principle, shall pay the Plaintiff the price under the instant construction contract.