1. The plaintiff's claim is dismissed.

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

1. The Plaintiff entered into a contract with C (Trade: D) on March 5, 2013 to accept a subcontract for reinforced concrete construction works for KRW 87,88,00,00 among the construction works for the new E-ground housing in Gunposi-si, the owner of the building.

The Plaintiff completed the construction of reinforced concrete around May 2013, and received KRW 20 million out of the construction cost.

On June 13, 2016, the Plaintiff entered into a claim acquisition agreement with C, which takes over KRW 67,88,000, out of the construction cost of the above housing against the Defendant, and C, by content-certified mail, notified the Defendant of the assignment of the claim.

[Ground of recognition] Facts without dispute, entry of Gap 1, 4, 9, 10 evidence, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion C received a contract from the Defendant for the construction of the five-story housing unit cost of KRW 550 million in total, and the construction of reinforced concrete was completed, and the construction was suspended on June 2013 while the construction of reinforced concrete was under way, such as the straw, door mold, elevator construction, etc.

Since the base height at the time is at least 50%, C's payment for construction work exceeds at least 270 million won.

Since the money paid by the Defendant to C is KRW 90 million, the Defendant’s balance of the construction price exceeds KRW 67,88,000,000 for the Plaintiff’s claim acquisition amount.

Therefore, the defendant should pay the above amount to the plaintiff.

B. Defendant’s assertion 1) The construction contract that the Defendant entered into with C is KRW 10 million for civil engineering works, KRW 80 million for reinforced concrete works, KRW 15 million for pipeline works, KRW 25 million for electrical construction works, and KRW 125 million for the total amount of KRW 100 million for electrical construction works. However, C performed part of civil engineering works, reinforced concrete works and pipeline works, and performed part of electrical construction works, and suspended construction without performing the remainder of construction works. The Defendant’s total sum of money paid to C and C’s subcontractors exceeds KRW 220 million, and thus, there is no Defendant’s obligation to pay the construction price for C. 20 million for the acquisition of claims between C and the Defendant is null and void since the acquisition of claims between C is false.

3. Determination

A. C and the defendant.