1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 24, 2015, the Defendant entered into a construction contract with an advanced comprehensive construction company (hereinafter “Advance”) under which the Defendant contracted to an advanced institution the construction of an apartment building of 10 stories above 664 square meters above the ground-based 10 stories above the Daegu-gu dong-gu Do (hereinafter “instant construction contract”). The instant construction contract entered into an agreement with the Defendant from March 2, 2015 to November 30, 2015 regarding the construction cost of KRW 1,760,000,000 and the construction period.

B. Pursuant to the instant construction contract agreement, advanced companies agreed to perform construction works by obtaining loans from financial institutions based on the advanced height of construction cost, and the construction was suspended due to the failure to pay the construction cost to the subcontractor, even after the progress of the 3rd floor bed and above on June 2015.

C. An advanced applicant for a flag loan to the Busan Pharmaceutical Credit Union (hereinafter “Pharmaceutical Credit Union”) and continued on the site inspection on June 8, 2016, but the loan was not sexually lost, and thereafter, the advanced company requested the Defendant to change the construction work, but the Defendant refused to do so, and the advanced company notified the Defendant that it is difficult to proceed with the construction work in the event that the loan would not be extended to the Defendant.

After that, the Defendant requested the advanced institution to resume the construction, but the advanced institution did not resume the construction, and the Defendant notified the advanced institution on July 2, 2015 that the instant construction contract should not be rescinded if the construction is not resumed by July 2, 2015.

However, the advanced construction has not been resumed until July 2, 2015, and the construction has not been resumed until November 30, 2015, which is the deadline for completion of the agreement.

E. Meanwhile, the Plaintiff supplied the necessary ready-mixed to the advanced company in April and May 2015, which was not paid for the ready-mixed.

F. On November 23, 2015, an advanced country transferred KRW 47,934,700 among the claims for construction payment against an advanced Defendant to the Plaintiff, and the assignment of the claim to the Defendant.