A. On August 22, 2012, the Plaintiff was awarded a subcontract with the Defendant for the molding construction (1,2 sections) during the construction period from April 17, 2012 to November 30, 2012, among the new construction works of apartment complexes B.

On November 2012, when the Plaintiff was performing construction works, the Plaintiff terminated the subcontract with the Defendant on February 20, 2013 and agreed to settle the settlement amount of KRW 150,000,000.

B. Around June 19, 2013, the Plaintiff transferred the claim for the settlement of accounts against the Defendant to C, and notified the Defendant of the transfer at that time.

C. C received KRW 117,264,80 from the Defendant, and subsequently transferred 32,735,200 to the Plaintiff the remainder of the acquisition amount against the Defendant on October 30, 2015, and notified the Defendant of the transfer on November 8, 2015.

[Ground of recognition] Unsatisfy, Gap 1-4 evidence, the purport of the whole pleadings

2. Determination:

A. The Defendant is obligated to pay KRW 32,735,200, and damages for delay calculated at the rate of 15% per annum from November 24, 2015 to the date following the delivery date of the instant complaint filed by the Plaintiff, which is the day of complete payment, to the day of full payment, to the Plaintiff, who is the transferee of the claim.

B. The defendant's defense of the defendant claimed that D's work team leader D's direct payment of the unpaid wage to the plaintiff or D's body members who should be responsible for the plaintiff's or D, and paid 32,735,200 won on behalf of the plaintiff or D. This part argues to the purport that since the plaintiff's liability for payment occurred due to the plaintiff's claim for reimbursement or acquisition of the separate claim against D's plaintiff's claim for payment, it offsets the plaintiff's claim for payment of the amount of transfer.

According to the evidence Nos. 1 to 4 (including paper numbers) and the purport of the entire pleadings, the Plaintiff entered into a contract with D to perform subcontracted construction work to entrust D with dismantling and rearrangement work among them, and D on March 5, 2013.