1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim shall be dismissed at the trial.

3...

1. Basic facts

A. On March 26, 2013, LT Industry Development Co., Ltd. (hereinafter “Nonindicted Company”) was subcontracted by the Defendant for metal construction among the new construction works of the New Medicines Production Center in Daegu-dong, Daegu-dong, Daegu-dong, 241. (hereinafter “instant construction works”).

B. From May 2013 to August 2013, 2013, the Plaintiff supplied Nonparty Company with ethyl pipes equivalent to KRW 180,940,90 (including value-added tax) and received KRW 73,000,000 out of the price of the goods from Nonparty Company.

C. On October 24, 2013, the non-party company agreed with the defendant to the effect that “the non-party company transferred its claim to the non-party company to the extent of the construction cost that the defendant should pay to the non-party company, and the defendant consented to this, and the non-party company agrees to pay the construction cost directly to the non-party company’s creditors.”

On October 28, 2013, the Plaintiff entered into a contract (hereinafter “instant contract”) under which the Plaintiff is obligated to receive a claim equivalent to KRW 45,870,000 against the Defendant of the non-party company (hereinafter “instant claim”). Upon delegation of the authority to notify the assignment of claims to the Defendant by the non-party company, the Plaintiff notified the Defendant of the assignment of claims on December 20, 2013. The Defendant was notified of the transfer of claims on December 23, 2013.

E. On January 2, 2014, the Plaintiff agreed to withdraw the notification of the assignment of the instant claim and the transferee consent thereto. However, the Plaintiff agreed to pay directly to the Defendant (hereinafter “instant agreement”) the amount of settlement of accounts for the new construction works of the Koul Global clinical Trial Center (including KRW 31,00,000, value added tax, and KRW 31,000).

F. Meanwhile, around November 21, 2013, Nonparty Company completed the instant construction work, and on January 2, 2014, between the Defendant and the Defendant, the instant construction cost was KRW 328,90,000.