1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The court's reasoning concerning this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, citing this in accordance with the main sentence of Article 420 of the Civil Procedure

2. Determination as to the existence of the assignee's claim

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay KRW 145,312,311 to the plaintiff the balance of the acquisition amount, unless there are special circumstances.

B. The Defendant’s assertion on the violation of a non-assignment agreement is identical to the corresponding part of the judgment of the court of first instance (section 11 to Chapter 9). Thus, the Defendant’s assertion on the deduction or set-off portion as is in accordance with the main sentence of Article 420 of the Civil Procedure Act. ① The Defendant paid 50,000,000 won as advance payment of each of the subcontract agreements of this case to the industry of this case. ② The Defendant paid 185,534,224 won on behalf of the contractor under Article 27(2) of the General Conditions and Article 27(2) of the Labor Standards Act. ③ The Defendant appears to have paid 731,062,125 won (the contract amount:637,1250,000 won x 47 days advance payment or set-off damages for delay) to the Plaintiff on account of the waiver of construction work in the mountain industry of the rate of 67 days.

(B) (1) If a part of a claim based on the premise of judgment is transferred, barring any special circumstance, an independent divided claim is established for each divided portion. Therefore, barring any special circumstance.