1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Determination as to the cause of claim

A. On February 17, 2010, the Plaintiff completed the instant construction project by being awarded a contract with the Defendant, who operates D, for the cost of KRW 45,000,000 (excluding value-added tax) for the “Sudio C factory operation” (hereinafter “instant construction project”). On February 17, 2011, the Plaintiff issued a written estimate to the president at KRW 11,000,000 (excluding value-added tax) while completing the construction project.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1 and 2 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

B. According to the above facts of recognition, the Defendant, except in special circumstances, is obligated to pay the Plaintiff the amount of KRW 56,600,000 for the instant construction and additional construction works, except for the amount of KRW 5,000,000 for the Plaintiff who was paid to the Plaintiff (=value 56,00,000 for the construction cost of KRW 56,00,000 for the value-added tax of KRW 5,60,000 for the person who was paid to the Plaintiff) and damages for delay.

2. Judgment on the defendant's defense

A. As to the defendant's assertion, on June 17, 2010, the defendant had already transferred all rights and obligations related to the D business to E in a comprehensive manner (hereinafter "the business transfer of this case"), and the above E belonged to the trade name. Since the lawsuit of this case was filed after two years from the lawsuit of this case, the limitation period of two years under Article 45 (1) of the Commercial Act has expired (the defendant is the expiration of the limitation period under Article 45 (1) of the Commercial Act. However, since the limitation period under Article 45 (1) of the Commercial Act is the limitation period, the defendant's liability, which is the business transferor's claim for the obligation of construction payment of this case, has already been extinguished, and since the obligation for the additional construction payment of this case occurred after E was acquired by transfer of business, the defendant's liability, which is the business transferor under Article 45 of the

B. The transfer of business under the Commercial Code 1 of the judgment is fixed.