The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Facts of recognition;

A. On November 17, 2017, the Defendant contracted the construction work for the new construction of Pyeongtaek-si ground accommodation facilities (hereinafter “instant construction work”) to Pyeongtaek-si D Co., Ltd. (hereinafter “C”) by setting the construction period from November 17, 2017 to September 30, 2018, the construction cost of KRW 2,090,000 (excluding value-added tax) and the total construction cost per day per delay penalty rate of KRW 1/1,000.

(hereinafter referred to as “instant contract”) between the Defendant and C. B.

On August 25, 2018, when the construction of the instant contract was in progress, the Defendant and C drafted a modified contract to increase the construction cost of the instant contract from KRW 2,190,000 to KRW 2,190,000 (excluding value-added tax).

(hereinafter “instant modified contract”). C.

C On November 9, 2018, the instant construction was completed and approved for the use of new buildings. D.

On the other hand, on April 10, 2019, C transferred KRW 115,390,000 to the Plaintiff, among the claim for construction cost that C had against the Defendant under the instant modified contract, and notified the Defendant of the said assignment on the same day.

[Ground of recognition] Gap evidence Nos. 1 through 4 (including branch numbers for those with branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 12, and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff KRW 115,390,000,000 (=value 2,190,000,000 value-added tax of KRW 219,00,00 according to the instant modified contract, barring any special circumstances.)

3. Judgment on the defense

A. The Defendant and C agreed that the claim for construction price against the Defendant cannot be transferred to a third party at the time of the conclusion of the instant contract, and the Plaintiff knew of the existence of the said transfer prohibition agreement, and thus, the Plaintiff cannot claim for the transfer payment to the Defendant.

The assignment of claims shall be prohibited by the intention of the party.