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1. As to KRW 38,681,702 and KRW 10,000 among them, the Defendant shall pay to the Plaintiff KRW 38,681,700,000.
Reasons
1. Facts of recognition;
A. On January 9, 2014, the Plaintiff agreed to supply various kinds of electric equipment, etc. at various construction sites, including the three-party general industrial complex, which the non-party company contracted by the EEE Industries Co., Ltd. (hereinafter “instant supply contract”) with the non-party EE Heavy Industries Co., Ltd. (hereinafter “the non-party company”). The Plaintiff supplied electric equipment, etc. from January 9, 2014 to June 2016.
B. On May 4, 2016, Nonparty Company agreed with the Plaintiff to pay KRW 48,681,702 as the price for goods under the instant supply contract in installments as follows.
(hereinafter “instant agreement”). The amount of KRW 10,000,000 on July 31, 2016, KRW 20,000, KRW 310,000, KRW 48,681,70 on September 30, 2016, KRW 10,000 on June 30, 2016, KRW 10,000 on the date of the installment payment agreement; and
C. Of the instant agreement, Nonparty Company paid KRW 10,000,000 for the first installment payment agreement to the Plaintiff, but did not pay the remainder of KRW 38,681,702.
On December 26, 2016, the Plaintiff filed an application with the non-party company for a payment order claiming the payment of the remainder of the goods price and the delay damages under the instant supply contract with the Gwangju District Court 2016 tea2508, and the payment order was served on the non-party company on January 3, 2017, and became final and conclusive on January 18, 2017.
E. Around September 6, 2016, Nonparty Company divided the electrical construction business, which is a part of its own business, and divided and merged the divided electrical construction business with the Defendant possessing the legal personality from the previous date.
(hereinafter “this case’s merger after division”). [Grounds for recognition] The fact that there is no dispute, each entry in Gap’s 1 through 5 (including each number), and the purport of the whole pleadings.
2. Determination
A. According to the above facts of determination as to the cause of the claim, the defendant is the succeeding company to the division of this case, unless there are special circumstances.