The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Basic Facts

The Plaintiff filed a lawsuit with the Gwangju District Court 2014Gahap53709 against C (hereinafter referred to as “C”) seeking the payment of the price for the goods related to electrical construction on the construction site of the F apartment site in Susu-si.

The argument of the first instance court was concluded on July 16, 2015 without appointment of C’s attorney. On August 20, 2015, the Gwangju District Court rendered a judgment on August 20, 2015 that “C shall pay to the Plaintiff 126,710,000 won and 53,460,000 won among them, from May 2, 2014 to August 1, 2015; 5% per annum from August 20, 2015 to August 20, 2015; and 20% per annum from the next day to the date of full payment.” The above judgment was finalized on September 17, 2015.

(2) On September 2, 2014, which was before the conclusion of the first instance trial of the prior lawsuit, the Defendant entered into a merger agreement to merge the electrical construction business, which is part of the C’s business with division and merger (hereinafter “instant merger agreement”) with B prior to the merger with division and merger, and the main contents are as follows.

The procedure for the division and merger shall be the method of division and merger under Article 530-9 (3) of the Commercial Act after transferring the right to operate the electrical construction business under Article 1 (the object and method of division and merger) C and related property to the defendant under Articles 7 and 8 of the Electrical Construction Business Act.

Article 2 (Succession to Assets, Rights, and Obligations) ① The Defendant shall accept C’s principal electrical construction business and DDRs together with investment certificates, and shall also accept C’s loans and guarantee obligations used by C as security for this case’s investment certificates from the Financial Cooperative.

(2) The defendant shall succeed to the status of constructor C under Article 7 of the Electrical Construction Business Act, and where there exists any project in progress under Article 8 of the same Act, he/she shall legally exercise the rights and duties concerning the repair of defects of the project and the completed project during the execution of the project, as prescribed by the Act.