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1. The plaintiff's main claim is dismissed.
2. Defendant C Co., Ltd. shall pay KRW 263,500,000 to the Plaintiff and this.
Reasons
1. Basic facts
A. On March 21, 2017, the Plaintiff is a juristic person engaged in painting construction business, waterproof construction business, and Defendant B (hereinafter “Defendant B”) concluded a land trust contract with Nonparty D, a truster, for sale-type land (hereinafter “instant trust contract”), and promoted E (hereinafter “instant business”).
B. On April 6, 2017, Defendant C Co., Ltd. (hereinafter “Defendant C”) entered into a contract for construction works (hereinafter “instant contract”) with Defendant C Co., Ltd. (hereinafter “instant contract”), setting the construction period from May 1, 2017 to January 31, 2019 as construction cost of KRW 25,168,560,00 (including value-added tax) with respect to the entire project of the instant case, and Defendant C entered into a contract for construction works (hereinafter “instant contract”). On September 13, 2018, Defendant C determined the period of construction from September 14, 2018 to January 31, 2019 with respect to painting construction work of the instant case from the Plaintiff and the instant project as a subcontract (including value-added tax) with the construction cost of KRW 440,000,000 (hereinafter “instant subcontract”).
C. On March 22, 2019, the Plaintiff completed construction under the instant subcontract. Accordingly, the Plaintiff incurred KRW 236,500,000 to Defendant C’s claim for construction payment.
On June 17, 2019, the Plaintiff and Defendant C entered into a claim transfer and takeover agreement (hereinafter “instant claim transfer and takeover agreement”) with the effect that Defendant C would transfer to the Plaintiff the claim equivalent to KRW 236,500,000 among the instant claim for the construction cost of the instant case, which Defendant C had against Defendant B, and notified Defendant B of the said fact on June 18, 2019.
Article 34 (Assignment of Claim) (1) of the General Conditions of the Contract for Construction Works, the term "project" shall not assign to a third party any claim arising under this Agreement for the payment of construction works, except for the purpose of the implementation of this project.
(2) Where "project" intends to transfer claims, a joint and several guarantor shall exist in advance.