The defendant shall pay to the plaintiff KRW 111,364,823 as well as 6% per annum from February 17, 2015 to January 22, 2020 and from the next day.

1. Facts of recognition;

A. The Plaintiff is a legal entity whose purpose is equipment construction business, fire-fighting equipment construction business, etc., and C (hereinafter “Nonindicted Company”) is a legal entity that aims at electrical construction and fire-fighting equipment construction business.

B. On December 2014, the Plaintiff and the Nonparty Company concluded a subcontract of “D Corporation” that was contracted by the Nonparty Company.

On December 1, 2016, the Plaintiff filed a lawsuit against the non-party company for the claim for construction cost under the Daegu District Court Branch 2016dan62716, which was due to the non-party company’s failure to pay the construction cost even after completion of the said construction work.

The above lawsuit was sentenced on December 18, 2019, and was finalized on January 3, 2020.

(Order of the above judgment: “In the case of a company outside Korea, the Plaintiff shall pay 111,364,823 won and 6% per annum from February 17, 2015 to December 9, 2016; 15% per annum from December 10, 2016 to May 31, 2019; and 12% per annum from the next day to the date of full payment.”

However, on October 5, 2018, when the above trial was in progress, the non-party company and the defendant company divided the electrical construction and fire fighting facility business among the non-party company and divided and divided the defendant company.

2. Determination

A. According to the above facts of recognition, the defendant company is jointly and severally liable to pay the above construction price with the non-party company pursuant to Article 530-9 (1) of the Commercial Act.

B. As to this, the Defendant Company agreed that the Defendant Company’s performance of the Nonparty Company’s fire-fighting construction business, the Defendant Company succeeded to the claim of KRW 20 million with investment certificate 40,000,000 and does not succeed to other obligations than the mutual aid association’s loan 20,000,000,000 won,” the Defendant Company and Nonparty Company did not jointly and severally liable for the Plaintiff Company’s obligations pursuant to Article 530-10 of the Commercial Act.

According to Article 3-2 (1) of the above Agreement, the non-party company is the defendant.