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1. Revocation of the first instance judgment.
2. The Defendant shall pay to the Plaintiff KRW 187,685,914 as well as the full payment with respect thereto from January 9, 2018.
Reasons
1. Basic facts
A. From October 23, 2015 to June 24, 2016, the Plaintiff supplied electric wires processing sets to C Co., Ltd. (former trade name: D Co., Ltd.; hereinafter “C”), and was not paid KRW 187,685,914 in total by C.
B. C is a company established for the purpose of electrical construction business, fire-fighting facility construction business, communications construction business, etc., and the F (hereinafter “F”) is a company established for the purpose of manufacturing and selling, etc., such as remote automatic rain, water level measurement systems, electronic display systems, remote control systems and weather equipment, broadcasting equipment, radio communication equipment, etc.
C around September 2016, the electrical construction business sector is divided and divided into E, and on February 2, 2017, the fire equipment construction business sector is divided and divided into F, and F completes the merger registration on the same day.
C. On February 8, 2017, the Defendant was established for the purpose of electrical construction business, fire-fighting facility construction business, or information and communications construction business, and the F entered into a merger agreement with the Defendant that “F’s fire-fighting facility construction business division divided and divided, but F shall continue to exist without joint liability for obligations other than the property that the Defendant divided and succeeded to.”
At the temporary general meeting of shareholders on February 22, 2017, F approved the terms of the above merger agreement to the effect that “F will divide the fire-fighting construction business division into the Defendant and merge the divided portion with the Defendant, but is not basically liable for obligations other than the property to be divided and succeeded,” and F will divide only the fire-fighting construction business division into the Defendant and merge the Defendant with F and the Defendant, and the creditors who have an objection to the above merger and merger will raise an objection within one month from the following day after the publication of the notice.”
E. On March 24, 2017, the Defendant pertaining to the said fire construction business sector.