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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 11, 2015, the Defendant entered into a construction contract (hereinafter “instant contract”) with Pyeongtaek-si D (e.g., E, E, E, E, E, and E, and E, registration conversion and division) with respect to the construction work that newly constructs a comprehensive rearrangement factory on the ground that is set at KRW 1,811,00,000 for construction cost (including value-added tax) and awarded a contract for the construction work (hereinafter “instant contract”).
B. On September 11, 2015, G Co., Ltd. (hereinafter “G”) entered into a contract for construction works (hereinafter “instant subcontract”) with the owner of G Co., Ltd. (hereinafter referred to as “G”) on the terms and conditions that the construction cost should be KRW 1,710,50,000 (including value-added tax) with respect to the construction works, such as basic civil engineering, steel frame, board, fire-fighting, electricity, telecommunications, and septic tanks, during the said construction works.
C. On September 25, 2015, G entered into a contract with the Plaintiff engaging in construction business under the trade name of H to re-subcontracting the entire construction works, such as construction, basic civil engineering, and septic tanks, among subcontracted construction works, with the amount of construction cost of KRW 1,573,00,000 (including value-added tax) (hereinafter “instant re-subcontract”).
In accordance with the re-subcontract of this case, the Plaintiff had three buildings on the above E-land and three buildings on the land surface of the F, and obtained approval for the use of each of the above buildings (hereinafter “instant buildings”) on August 16, 2016.
E. On April 29, 2016, C transferred a claim of KRW 715,075,000 among the claims under the instant contract to G, and notified the Defendant of the transfer on June 17, 2016.
G on June 18, 2016, transferred KRW 454,224,486, among the claim for construction cost that the Plaintiff acquired as above (hereinafter “instant secondary assignment”) to the Plaintiff (hereinafter “claim for Construction Cost”) and notified the Defendant of the amount that was transferred to the second assignment; hereinafter “instant claim”). On November 11, 2016, G notified the Defendant by content-certified mail.
F. Meanwhile, G and the Defendant were transferred from G to C as of December 20, 2016.