1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 2012, Korea Forest Es&S Co., Ltd (hereinafter “Korea Forest Es&S”) established a panel, window protection, glass, and steel frame construction (hereinafter “instant construction”) from the Defendant, among the construction works for the extension of the Oral Factory in Korea, as the construction cost of KRW 457,600,000, and completed the construction upon subcontracting.

B. The Plaintiff completed the construction work by re-subcontracting the construction cost of KRW 110,000,000 for steel and steel structure production and materials production among the instant construction works from Hanelim S&S.

C. On August 11, 2012, Korea Forest E&S failed to pay the said construction price to the Plaintiff, and on August 11, 2012, set up a statement of direct refusal to the effect that the Defendant consented to KRW 100,000,000, out of the instant construction price owed by Korea Forest E&S against the Defendant, the Defendant directly pays to the Plaintiff.

After that, on September 2012, Han L&C paid KRW 50,000,00 to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that Korea Forest E&S agreed to the Plaintiff directly pay KRW 100,00,000 to the Plaintiff out of the construction price of the instant case, and that the substance was transferred to the Defendant’s claim for construction payment. As such, the Defendant is obligated to pay the money to the Plaintiff, the Defendant is obligated to pay the money to the Plaintiff.

As to this, the defendant asserts that there is no ground to regard the direct payment agreement of Han C&S as the assignment of claims, and that there was no notification of the assignment of claims, so the defendant has no obligation to pay the construction price of this case to the plaintiff

B. We examine the judgment, and Article 450(1) of the Civil Code provides that the transferor shall notify the obligor of the assignment of the nominative claim.