Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

A. On December 30, 2016, the Defendant concluded a contract with C (D representative) by setting the construction cost of KRW 3,500,000 per square meter for the construction of a 4-story building on the land surface in the Changwon-si, Changwon-si E land owned by the Defendant.

(hereinafter referred to as the “instant contract,” and the said new construction works are referred to as the “new construction works of this case”). (b)

C subcontracted the construction of electricity, fire fighting, and telecommunications among the new construction of this case to the Plaintiff.

The plaintiff agreed to the construction cost of KRW 31 million (excluding value-added tax), and asserts that the down payment is paid KRW 5 million among them, and that the balance of the construction cost is KRW 26 million.

C. Upon the failure of C to pay the remainder of the subcontract price to the Plaintiff, on June 25, 2018, C transferred to the Plaintiff the claim for the construction price of KRW 26 million that C had against the Defendant based on the instant contract.

(hereinafter “instant assignment of claims”). C sent to the Defendant a content-certified mail of the notification of assignment of claims on the same day, and C sent the said mail to the Defendant on June 26, 2018.

On the other hand, on June 27, 2017, F received a collection order for the claim for the construction cost against C, based on the loan claim amounting to KRW 182,272,180, based on the final and conclusive judgment against C, and C received a seizure and collection order for the claim for construction cost against the Defendant based on the instant contract. The above written ruling was served on the Defendant around that time.

around November 2017, F filed a claim for collection against the defendant.

E. Also, around May 2018, C entered into a contract with the Defendant to transfer KRW 21,00,000 to G, and on June 8, 2018, C sent a content-certified mail of the assignment of claims to the Defendant, and around that time, delivered a postal item to the Defendant.

F. On February 13, 2019, the Defendant deducted the term payment, reduction amount, defect repair amount, liquidated damages, direct payment, etc. from the agreed construction cost under the instant contract from the construction cost under the contract with C, and the remainder of the construction cost shall be KRW 90 million.