1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On April 20, 2014, the Plaintiff entered into a construction contract with the Dongdong Integrated Construction Co., Ltd. (formerly: Sungdong Integrated Construction Co., Ltd.: hereinafter referred to as “Yandong Integrated Construction Co., Ltd.”) under which the 72 million won of the construction cost of the studio Construction Works was awarded on the D ground of Jinhae-gu, Jinhae-gu, Changwon-si, Changwon-si, and completed the construction cost of the 11 million won of the construction cost incurred during the said construction work, and completed the said construction and additional construction.

B. On November 2, 2013, the Maritime Complex Construction Co., Ltd. entered into a construction contract with the Defendant for the construction of multi-family housing (hereinafter “instant construction contract”) on the land outside Busan-gu B and the second parcel of land (hereinafter “instant construction”) with the amount of KRW 194 million for the construction cost, and further subcontracted part of the instant construction to E, etc.

C. On the other hand, on November 2, 2015, the Maritime Comprehensive Construction entered into an agreement on the assignment of claims between the Plaintiff and the Defendant that transfer KRW 83 million among the claim for the construction price of the instant construction works for which the Maritime Comprehensive Construction has against the Defendant, and on the same day, notified the Defendant of the said assignment by content-certified mail, and at that time, the said notification was delivered to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the construction of the maritime complex was based on the following amount of KRW 113,50,397 (i.e., construction cost owed by the Defendant (i., ① KRW 23,306,594 won ② KRW 42,692,323 won ③ KRW 47,501,480), and thus, the Defendant should pay KRW 83 million to the Plaintiff, the assignee of the above claim.

① Under the instant construction contract concluded with the Defendant on November 2, 2013, the unpaid construction cost shall be the Corporation (E subcontracted part) with respect to the construction cost of KRW 15 million on May 2, 2014 among the instant construction works.