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1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.
2. The costs of appeal and the incidental costs of appeal shall be individually considered.
Reasons
1. Basic facts
A. On May 31, 2014, the Plaintiff entered into a lease agreement with Esteto Co., Ltd. (hereinafter “Estop”) for the purpose of leasing construction materials at all construction sites of the non-party company, with the Plaintiff’s purpose of leasing construction materials.
B. Around December 2014, the non-party company entered into a subcontract with the Defendant for the construction work (hereinafter “A construction contract”) that the non-party company would carry out the construction work of reinforced concrete (hereinafter “B building construction work”) among the new construction work of Sejong Special Self-Governing City, which was ordered by Bridge Co., Ltd. to the Defendant, with the contract amount of KRW 1,870,000 (including value-added tax; hereinafter the same shall apply), from December 20, 2014 to December 30, 2015 during the construction period of the construction work; and the price shall be paid on the 10th day following the following month by determining that the non-party company would carry out the construction work of reinforced concrete (hereinafter “B building construction work”), among the new construction work of Sejong Special Self-Governing City, the construction work of which was ordered to the Defendant; the construction work of the non-party company is to pay the construction work of each of the instant construction work to the Defendant on June 30, 2015.
C. On February 11, 2016, the non-party company entered into a contract with the Plaintiff to transfer KRW 70,548,566 out of the claim for construction price A against the Defendant of the non-party company, and KRW 3,656,840 out of the claim for construction price B building, to the Defendant on the same day. On the same day, the non-party company sent each of the above assignment to the Defendant by content-certified mail, and the above content-certified mail was served to the Defendant on February 15, 2016.
On February 17, 2016, the non-party company is a non-party under the above building temporary re-lease agreement.