A. On January 21, 2015, the Plaintiff and the Defendant concluded a construction contract with the Plaintiff on January 21, 2015 with the content that the Defendant contracted to the Plaintiff for the construction of the 210-1 ground smart lifts-1 (hereinafter “instant construction”). The main content of the contract is as follows.

The name of the construction project: The date of commencement of the new construction (second-party construction): The date of the completion of the completion of the construction project on January 30, 2015: the contract amount on June 30, 2015: 5,370,000,000 won (including value-added tax).

B. On May 6, 2015, the Plaintiff and the Defendant changed the construction cost to KRW 5,436,00,000 (including value-added tax) and entered into a contract for each construction change on June 30, 2015, which changed the construction period from January 30, 2015 to July 16, 2015.

C. Around July 16, 2015, the Plaintiff completed the instant construction work, and the Defendant paid the Plaintiff KRW 4,767,550,000 as the construction price.

The Plaintiff leased KRW 42,550,000 to the Defendant while performing the instant construction work.

E. Meanwhile, during the instant lawsuit pending, the Plaintiff transferred the instant construction cost and loan claims to the Intervenor succeeding to the Plaintiff on March 21, 2017, and notified the Defendant of the said assignment on the same day.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of whole pleadings

2. Determination

A. Although the Plaintiff filed an application for withdrawal from a lawsuit on June 22, 2017, the Plaintiff’s determination on the Plaintiff’s claim did not have the effect of withdrawal without the Defendant’s consent.

Since the Plaintiff transferred the instant construction cost and loan claims to the Plaintiff’s succeeding Intervenor during the instant lawsuit pending, the Plaintiff’s claim cannot be accepted.

B. (1) According to the above facts of recognition as to the claim of the Plaintiff’s succeeding intervenor, the Defendant, on August 9, 2016, 201, 200, a total of KRW 711,00,000 [the amount of KRW 668,450,000 ( KRW 5,436,00,000 - KRW 42,767,550,00)] and the following day after the delivery of a copy of the complaint in this case, to the Plaintiff’s succeeding intervenor.