A. The Defendant, while implementing the new construction of neighborhood and multi-family houses on the five lots outside the Yongsan-gu, Yongsan-gu, Incheon Metropolitan City. On September 23, 2016, the Defendant subcontracted the construction of a new neighborhood and multi-family house to B in the amount of KRW 150,000,000.

B. However, as B failed to perform the above construction work properly, C followed the above subcontracted construction work in accordance with the agreement with the Defendant.

Accordingly, on November 10, 2016, Defendant and B paid to C a total of KRW 1,10,000,000,000 not paid out of the subcontract price of KRW 1,30,000,000, among them, 40,000,000 (amount of the first completed portion) were prepared as follows: at the time of completion of the second floor of steel structure, the remainder of KRW 70,00 (amount of the second completed portion) would be paid respectively at the time of completion of the second floor of steel structure.

C. On January 10, 2017, the Defendant drafted a written statement of payment for the construction price to the effect that “The Defendant will pay the remaining construction price of KRW 1.5 million as the deposit received from the owner after the completion of the structural construction work.”

(No. 5) d.

C On November 7, 2017, the Plaintiff transferred 88 million won out of the remaining claims for construction price of KRW 150 million to the Plaintiff, and notified the Defendant of the same day.

E. On November 20, 2017, the Defendant notified the Plaintiff that “The assignment of the above assignment between C and the Plaintiff violates the prohibition provisions of the Construction Business Act and is not permissible.” The remainder of the construction cost will be treated as soon as possible.”

F. On April 5, 2018, D, a project owner, notified the Defendant of “a permit for use of a non-soft new building, but the Defendant should complete the construction as soon as possible because there is a defect or an obstacle to the lease in the constructed part.”

[Ground of recognition] The items of Gap evidence 1 to 4, 5, 6, Eul evidence 1 to 5, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition, the defendant, unless there are other special circumstances, out of the remaining claims for construction price from C 8.