A. On March 6, 2020, the Defendant agreed to transfer KRW 45,000,000 (hereinafter “the instant construction cost”) from the date of commencement of construction works at the building site D and Kimpo-si, Kimpo-si to the NAC’s account by April 30, 2020, from February 13, 2020.

B. On March 10, 2020, the Plaintiff drafted a certificate of the fairness of monetary consumption lending and lending contract amounting to KRW 90,000,000,000 as the loan No. 207 with D and notary public No. 2020, 2020.

(c)

On March 27, 2020, the Plaintiff: (a) determined the claimed amount of KRW 45,000,000 as an executory performance bond; and (b) obtained an assignment order of claims and assignment order (hereinafter “instant assignment order”) as to “the above claim amount out of the agreed amount to be paid by a third party to the obligor’s debt holder under an agreement on the payment of the money for the construction of the mold-type molded Construction Work prepared by the obligor and a third party, pursuant to an agreement on March 2020, against the Defendant as an executory bond, from among the agreed amount to be paid to the obligor by the obligor and the third party pursuant to an agreement on the payment of the money to the obligor.

(d)

The original copy of the instant assignment order was served on April 1, 2020 to the Defendant as the debt holder No. 3, and on April 8, 2020 to D as the debt holder, and became final and conclusive around that time.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 3, Eul evidence Nos. 6 and 7, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Plaintiff received the entire construction cost of this case from D to its creditor. Thus, barring any special circumstance, the Defendant is obligated to pay the Plaintiff money at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 21, 2020 to the date of full payment after the delivery of a copy of the complaint of this case to the Plaintiff, barring any special circumstance.

B. Determination of the Defendant’s assertion 1) The Defendant agreed not to transfer the construction price to a third party at the time of formulating a written agreement with D on the instant construction price, and the Plaintiff transferred the assignment order prior to the assignment order.