1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 14, 2015, the Defendant entered into a subcontract for construction works between the Defendant and Substitute Construction Co., Ltd. (hereinafter referred to as “large Construction”) with the Defendant only as a substitute Construction Co., Ltd. (hereinafter referred to as “large Construction”)

(A) The term “A Iron and Franch Construction” (hereinafter referred to as the “instant construction”)

(2) According to the instant subcontract agreement, the contract bond is 10% of the contract amount, the contract bond is the date of commencement (or the scheduled date of completion) from the date of completion (Article 8 and 9), the contract bond is 5% of the contract amount, and the warranty bond is 120 months after completion (120 months after completion).

(11) Paragraph (11). At the time of the said subcontract, an agreement was made to pay or deliver to the Defendant the warranty bond calculated by multiplying the contract price by the rate of the warranty bond under the said contract at the time of the said subcontract, as a cash or certificate, until the completion

(Article 35(1)(b) of the terms and conditions of a subcontract for construction works.

Article 1 (Purpose) The instant contract is transferred to the assignee to the extent that the transferor has not received the claim for the payment of the completed portion of the instant contract from the third obligor, if the assignee has a wage claim to be paid by the transferor in relation to the instant construction project, but the transferor has not paid or would be payable by the transferor.

Article 3 (Claims subject to Transfer) The transferor is the amount equivalent to wages payable by the transferor to the transferee among claims for progress payment for the construction work in the instant case payable by the garnishee from the garnishee.

Provided, That the amount falling under any of the following subparagraphs shall not be included in the assignment of claims:

1. The amount of assignment of claims that a third party obligor is not obligated to pay to the transferor in accordance with the subcontract of the instant construction project and the modified contract thereof shall be liable to pay to the transferor.