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1. The plaintiff's lawsuit against the defendant B is dismissed.
2. Between the Plaintiff and the Defendant C.
Reasons
1. Facts of recognition;
A. Defendant C Co., Ltd. (hereinafter “Defendant C”)’s Intervenor D Co., Ltd. (hereinafter “Defendant C”) awarded a contract for the maintenance and management of the information system developed and constructed for the F Project ordered by E, and awarded a contract to Defendant B Co., Ltd. (hereinafter “Defendant B”) with a contract amount of KRW 843,074,318 (excluding value-added tax).
(hereinafter “instant maintenance and repair contract”). B.
On September 8, 2017, the Plaintiff received KRW 379,384,059, out of the cost of maintenance and repair services from Defendant B (hereinafter “instant service cost”), from the Intervenor, and notified the Intervenor of the assignment of the claim. On September 11, 2017, the Plaintiff sent the notice of the transfer (hereinafter “the first notice of transfer”) to the Intervenor.
C. On March 7, 2018, the Plaintiff entered into an agreement on the assignment of claims that additionally receives KRW 505,835,729 out of the instant service costs from Defendant B (hereinafter “instant agreement on the assignment of claims”), and notified the Intervenor of the assignment of claims. On March 8, 2018, the Plaintiff issued the notice of the transfer (hereinafter “the second notice of transfer”).
On March 5, 2018, the Defendant received a decision of provisional seizure on the amount of the claim for provisional seizure against Defendant B, out of the service costs of this case against Defendant B, and the decision of provisional seizure (hereinafter “provisional seizure of this case”) reached the Intervenor on March 8, 2018.
E. According to the first notification of transfer to the Plaintiff from November 15, 2017 to June 22, 2018, the Intervenor paid KRW 379,383,44 to March 2018 total amount of KRW 379,383,44 of the service cost of this case from July 2017 to March 2018, and the amount of KRW 615 of the acquisition amount due to the first assignment of credit, which was unpaid from April 2018, when the payment conditions are fulfilled, shall be paid to the Plaintiff.