1. The plaintiff's claim against the primary defendant is dismissed.

2. Preliminary Defendant amounting to KRW 89,100,000 and its corresponding amount.

1. Claim against the primary defendant;

A. (1) On December 17, 2012, A Co., Ltd. (hereinafter “Rehabilitation Company”) entered into a new construction contract for D apartment units 13BL and 25BL on the ground, such as Changwon-si Co., Ltd., the land trust company of Korea on December 17, 2012, and subcontracted the part of landscaping construction to the preliminary Defendant.

(2) Preliminary Defendant entered into a contract for the supply and installation of construction materials with the Plaintiff on October 24, 2014. Accordingly, the Plaintiff supplied construction materials, etc. at the aforementioned construction site and was not paid KRW 89,100,000 out of the price.

(3) In order to pay the above amount, the conjunctive Defendant drafted a written statement of non-performance in the sense that the conjunctive Defendant transferred KRW 89,100,000 to the Plaintiff out of the claim for construction cost that the conjunctive Defendant had against the ancillary rehabilitation company.

(4) The written consent to the instant direct payment is that “The conjunctive Defendant consents to the direct payment of KRW 89,100,000, out of the progress payment by the rehabilitation company to the Plaintiff, a recipient of the direct payment, without going through the preliminary Defendant, of the construction cost incurred by subcontracting the landscaping work among D 13BL-built Construction Works in Changwon-si, in the process of the rehabilitation company’s execution.”

(5) Meanwhile, on May 8, 2013, the rehabilitation company was decided to commence rehabilitation proceedings by the Seoul Central District Court (Seoul Central District Court 2013 Mahap85), and the primary defendant, who was the representative director of the rehabilitation company, was appointed as the custodian.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, entry of Eul evidence 1 through 3, purport of whole pleadings]

B. (1) The plaintiff asserts that the assignment of claims and the assignment of claims were given in accordance with the written statement of non-performance in the position of this case, and the primary defendant is obligated to pay the plaintiff KRW 89,100,000 for the remainder of the construction work

(2) According to the above facts, the plaintiff directly received the remainder payment from the rehabilitation company in accordance with the terms and conditions of the conjunctive defendant written to the plaintiff.