A. On February 26, 2019, the Plaintiffs concluded a construction contract (hereinafter “instant construction contract”) as indicated in the attached Form with respect to the construction project newly constructed by Defendant C Co., Ltd (hereinafter “Defendant C”) and B on the Incheon E ground (hereinafter “instant construction project”).

Plaintiff

A, a foundation, is the owner of the construction of this case as the supervisory body of the Plaintiff B church (hereinafter referred to as the “Plaintiff church”), and the Plaintiff church is the actual owner.

B. Pursuant to the instant construction contract, the Plaintiffs paid KRW 96,800,000 to Defendant C on March 4, 2019 under the pretext of down payment and advance payment, and from April 5, 2019 to the same year.

8. up to September 1, 200, a total of KRW 464,640,000 was paid for the first and fifth completed portion, and a total of KRW 561,440,000 was paid.

C. Although Defendant C continued construction under the instant construction contract, it was impossible to continue construction works due to the final bankruptcy on August 14, 2019, the Plaintiffs expressed their intent to terminate the instant construction contract to Defendant C around the 16th day of the same month.

On July 31, 2019, the certified architect F, a supervisor of the instant construction, assessed the advanced height of the instant construction as 55%.

On the other hand, on August 9, 2019, Defendant C entered into a contract for the transfer of claim (hereinafter “instant contract for the transfer of claim”) with Defendant D D Co., Ltd. (hereinafter “Defendant D”) on the condition that KRW 100 million of the unpaid construction price claim under the instant contract for construction was transferred to Defendant D Co., Ltd., and notified the transfer of claim on the 13th of the same month.

[Ground of recognition] Evidence Nos. 1 through 14, Evidence No. 17, Evidence No. 18 (including each number), the purport of the whole pleadings

2. According to the facts of the judgment on the plaintiffs' claims, the height of the instant construction works as of July 31, 2019 was 55%, and thereafter, the defendant C until the instant construction contract is terminated upon the plaintiffs' declaration of intent to terminate the contract on August 16, 2019.