A. On August 27, 2018, C Co., Ltd. (hereinafter “Nonindicted Company”) entered into a contract with the Defendant for the manufacture of painting machinery (Evidence No. 6, hereinafter “instant contract”) as indicated in the separate sheet with the Defendant, and completed construction under the instant contract in April 2019.

B. On September 27, 2019, the Plaintiff agreed to acquire KRW 137,00,000, out of the claim for construction price under the instant contract with the non-party company, and the non-party company notified the Defendant of the transfer of the said claim by content-certified mail on October 2 of the same year.

(c)

On the other hand, the defendant paid 154,000,000 won to the non-party company on May 2, 2019.

[Grounds for recognition] The evidence Nos. 1 through 10, Eul evidence Nos. 1 through 3 (including each number), and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion 1) out of KRW 154,00,000 paid by the Defendant to Nonparty Company on May 2, 2019, KRW 132,00,000 for the repayment of the construction price under the instant contract. However, the remainder of KRW 22,00,000 was paid for the repayment of the loan to Nonparty Company. As such, the Defendant is obliged to pay the remainder of the construction price as KRW 115,50,00 for the Plaintiff, the transferee of the claim for the construction price under the instant contract, and the delay damages therefrom.

2) The Defendant’s assertion that KRW 154,00,000 that the Defendant paid to Nonparty Company on May 2, 2019 is paid for the repayment of the construction cost under the instant contract, and thus, the full amount of KRW 154,00,000 should be appropriated for the construction cost.

In addition, the completion date of the construction under the instant contract is October 31, 2018, and the non-party company completed the construction under the instant contract in April 2019, and the non-party company is obligated to pay the Defendant the delayed prize of KRW 22,50,00,000, and other damages incurred due to delay in construction under Article 7 of the instant contract and KRW 7,793,720 (22,500). The sum of the damages is KRW 30,293,720 (22,50).