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1. The Plaintiff:
A. Defendant B Co., Ltd.: (a) for KRW 168,317,00 and KRW 72,00,000 among them, from December 29, 2016 to 46.
Reasons
1. Determination as to the Plaintiff’s claim against Defendant B (hereinafter “Defendant B”)
(a) Indication of claims: To describe the corresponding part of the grounds for the modified claims against Defendant B;
(b) Grounds for recognition: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);
2. Determination as to the Plaintiff’s claim against Defendant C (hereinafter “Defendant C”)
A. 1) The Plaintiff operates a personal business entity called “E” for the purpose of boiler equipment, etc. in Jeonsi-si, Jeonju-si. The Defendant C Co., Ltd. was a corporation established for the purpose of building construction business and lodging business. 2) The F Co., Ltd. (hereinafter “F”) established Defendant B by dividing the construction business on December 6, 2016, and changed the trade name on March 16, 2018 to G (hereinafter “G”), and G changed the trade name on March 29, 2018 to Defendant C.
3) On May 2, 2016, the Plaintiff’s construction works among the new construction works for H ground accommodation in the Hasan-si, Hasan-si (hereinafter “H facility works”).
(4) On December 28, 2016, the Plaintiff concluded a contract for construction work with the construction cost of KRW 110,000 (including value-added tax) and completed the said construction work on or before December 28, 2016. The Plaintiff concluded a contract with F for construction cost of KRW 22,00,000 (including value-added tax) with the construction cost of KRW 22,00,000 (hereinafter “Ldong construction work”).
5) F paid KRW 60,00,000 out of the price for H facility works to the Plaintiff, and F did not pay the price for Ldong facility works. [In the absence of dispute over the grounds of recognition, the entries in Gap, 1, 2, and evidence 16-1 through 3, and the purport of the entire pleadings.]
B. Determination as to the cause of the claim is generally made in the case where a company is divided and a company to be divided survives even after the division, barring any special circumstance, the company’s responsible property is divided into the divided company and the newly incorporated company, and thus, the company prior to the division.