2. The costs of lawsuit shall be borne by the Plaintiff.

On April 15, 2016, C Co., Ltd. (hereinafter referred to as “C”) entered into a contract with the Defendant to conclude a contract with the Defendant to receive a subcontract for the construction cost of KRW 418,00,000 (including value-added tax) and the construction period from April 25, 2016 to December 31, 2016 (hereinafter referred to as “instant subcontract”).

C signed a contract with the Defendant on June 29, 2017, changing the completion date of the instant construction to September 30, 2017.

C’s assignment of claims to the Plaintiff on March 12, 2018: (a) transferred the instant claim for the construction price of KRW 606,510,366 to the Plaintiff (hereinafter “transfer of claims”); (b) on the same day, the instant claim assignment was notified to the Defendant; and (c) the said notification was sent to the Defendant on March 13, 2018.

【In the absence of dispute, the grounds for recognition, the entries in the evidence Nos. 1 through 5, and the gist of the defense prior to the judgment of the Defendant on the defense prior to the merits of the entire pleadings, were asked to the Plaintiff about whether or not the Plaintiff has transferred the claim for the construction payment of this case to the Plaintiff.” As such, the instant lawsuit was brought upon only the authority to perform the litigation without having actually transferred the claim by C, and the instant assignment of claim constitutes a discretionary litigation trust, and thus null and void.

Judgment

According to the result of the inquiry about C by this court, C did not have any fact that C transferred its claim against the Defendant to the Plaintiff with respect to the instant assignment of claim.

However, the plaintiff participated in the construction of this case as a member of C, and the plaintiff was ordered to perform the construction work in addition to the defendant's on-site manager.