1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. A. On May 18, 2011, Ssung Electrical Co., Ltd. (hereinafter “Ssung Electrical Co., Ltd.”) was awarded a subcontract for electrical construction among the new construction of the Incheon Yangyang Apartment Apartment Apartment Complex built by the Defendant on the ground that it was in default around May 2012, and was notified by the Defendant of the termination of the subcontract around that time.

The unpaid construction cost at the time is KRW 44,914,642, and the defendant reserved the payment of the total amount of the construction cost under the name of the warranty bond from May 18, 2012 to May 17, 2015.

B. On December 31, 2014, the Defendant filed an application for commencing rehabilitation procedures with the Seoul Central District Court (former Seoul Rehabilitation Court) pursuant to 2014 Gohap100212. On January 7, 2015, the rehabilitation procedure was commenced and the rehabilitation plan was authorized on July 3, 2015.

C. Swebing machines above b.

In the rehabilitation procedure described in paragraph (1) (hereinafter “instant rehabilitation procedure”), the defendant is entitled to the above procedure.

The claim for the return of construction cost stated in the subsection (hereinafter “instant claim”) was not reported as a rehabilitation claim, and the instant claim was not entered in the list of rehabilitation creditors.

on June 29, 2017, Ssung Electric Co., Ltd sent to the Defendant a content-certified mail stating that “the repayment of the instant claims, notwithstanding the instant rehabilitation procedure,” and transferred the instant claims to the Plaintiff on August 25, 2017, and completed the notification of the assignment of claims to the Defendant on August 29, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 8, 11 through 14 (including branch numbers), the purport of the whole pleadings

2. The assertion and judgment

A. As to the Plaintiff and the Defendant’s respective arguments claiming the payment of the construction cost of KRW 44,914,642 against the Defendant as the assignee of the instant claim, the Defendant exempted the Defendant from liability on the grounds that the instant claim was not reported as rehabilitation claims in the instant rehabilitation procedure, but was not recognized by the rehabilitation plan.