1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 23, 2013, the Defendant awarded a subcontract for the construction work of the Seongdong-si World Logistics Center (hereinafter “instant construction work”), among the construction work of the Seocheon-si World Logistics Center, which the Defendant was contracted to and executed by the Defendant, with the amount of construction cost fixed at KRW 3.3 billion, to the KCK Construction Co., Ltd. (hereinafter “Small-si”) around September 23, 2013.

(hereinafter referred to as the “instant subcontract”). B.

On December 20, 2013, the Plaintiff entered into a contract to supply civil engineering materials to the non-party company and the construction site of the instant construction site, and supplied civil engineering materials to the non-party company, but did not receive KRW 79,284,495 for the materials price.

C. On June 28, 2014, the non-party company transferred KRW 79,284,495 among the claim for construction price under the instant subcontract held by the non-party company against the Defendant (hereinafter “claim assignment”), and on November 19, 2014, the non-party company notified the Defendant of the assignment of the claim by content-certified mail, and the above notification reached the Defendant on November 20, 201.

On the other hand, the subcontract price of this case which the defendant did not pay to the non-party company is KRW 38,152,600.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 4 (including each number in the case of additional number) and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the non-party company has a claim against the defendant for the payment of KRW 38,152,600 under the subcontract of this case, and the plaintiff takes over KRW 79,284,495 from the non-party company's claim for the payment of the subcontract of this case. Thus, the defendant is obligated to pay KRW 38,152,600 to the plaintiff, the transferee, unless there are special circumstances.

The plaintiff is based on the premise that the non-party company has at least 79,284,495 won, which is the amount it acquired by the plaintiff against the defendant.