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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 17, 2015, the Defendant: (a) concluded a construction contract on the instant construction with D Co., Ltd. (hereinafter “D”) as the owner of a new construction of a living facility near the Seoul Mapo-gu Seoul Metropolitan Government ground (hereinafter “instant building”); and (b) the Plaintiff is a sewage supplier who subcontracted the instant construction project from D.
B. On June 17, 2015, the Defendant and D entered into a contract for the instant construction project with a contract amounting to KRW 1.274 billion ( separate added tax), nine months after the commencement of the construction period, and the delayed reward rate of KRW 1/1000 (hereinafter “instant contract”). The payment of the price shall be KRW 300 million in advance, and the payment of the price shall be KRW 20 million in advance, and the price shall be KRW 30 million in advance after the completion of the construction of steel reinforced concrete, KRW 20 million after the completion of the construction of steel reinforced concrete, KRW 274 million after the lease, and KRW 274 million after the lease.
2) On August 31, 2015, D and the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with respect to the instant construction project, the contract amount of KRW 1150 million, KRW 90 million following the commencement of the construction period, KRW 30 million following the commencement of the construction period, and KRW 176 million upon the commencement of the construction, and the payment of the price was paid KRW 176 million upon the commencement of the construction. The Plaintiff paid KRW 20 million after the completion of the construction of steel reinforced concrete, KRW 30 million after the completion of the construction of steel reinforced concrete, KRW 20 million after the completion of the construction of the construction, KRW 274 million after the lease contract.
(c)
1) On November 1, 2019, the Plaintiff and D entered into a contract with the Defendant to transfer the instant claim for construction cost (including additional construction cost) and all related claims against the Defendant (hereinafter “transfer of the instant claim”) to the Plaintiff.
2) On November 13, 2019, D notified the Defendant of the transfer of the instant claim by content-certified mail. On November 1, 2019, D notifies the Defendant of the transfer of the claim.