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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Summary of the parties’ assertion
A. On December 21, 2015, the Defendant awarded a contract to the Plaintiff for civil engineering and design, and authorization and permission services (hereinafter “instant services”) for the creation of land sites on the ground of approximately 9,443 square meters, Jincheon-gun C, and about KRW 130 million (excluding value-added tax), and the Plaintiff completed the said services on or around February 2016.
The defendant paid only KRW 50 million out of the service price of this case, and the remaining service price of KRW 93 million to the plaintiff ( KRW 130 million x 1.1-5 million ) and damages for delay are liable to pay to the plaintiff.
B. The Plaintiff transferred the instant service payment claim to D Co., Ltd. (hereinafter “D”), and D, upon filing a lawsuit against the Defendant for the instant service payment claim, a decision in lieu of conciliation to receive KRW 20 million, becomes final and conclusive. The instant lawsuit based on the same cause of claim is in conflict with the res judicata effect of the decision in lieu of the above conciliation, and thus ought to be dismissed.
2. Comprehensively taking account of the overall purport of the arguments in each statement in the evidence Nos. 1 through 9, the Plaintiff: (a) transferred to D on December 29, 2017 the amount of KRW 93 million to the Defendant; (b) completed the notification of transfer to the Defendant on January 3, 2018; and (c) D, on January 11, 2018, transferred the instant service payment claim KRW 93 million to the Defendant ( KRW 143 million to KRW 50 million to KRW 50 million). The Plaintiff filed a lawsuit claiming the acquisition of the instant service payment claim against D on May 1, 2019, and the said court ordered D to pay the payment of the instant service payment amount of KRW 20 million to D on May 1, 2019, which became final and conclusive in lieu of the conciliation decision, and then revoked the Defendant’s objection on May 1, 2019, which became final and conclusive in lieu of the conciliation decision.
As such, D's claim for the amount of money and this case's lawsuit are claimed.