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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 16, 2018, C Co., Ltd. (hereinafter “C”) entered into a construction contract with the Defendant on the “specialized stone construction among the newly constructed apartment construction works in Yongsan-gu, the wife population D,” (hereinafter “instant construction contract”) and carried out construction accordingly.
The construction contract of this case provides that C is obligated to pay 109,800,000 won (3% of the construction price) for the warranty bond, and Article 7 of the Special Agreement on the Construction Contract provides that the site site is part of the site site agreement. In the site site report, C shall deduct the employment insurance premium and waste disposal expenses to be borne by C from the construction price if the Defendant paid them.
B. On February 11, 2019, C transferred KRW 195,719,365 among the claim for construction cost under the instant construction contract to the Plaintiff (hereinafter “instant contract for assignment of claims”); on the same day, C sent the notice of assignment of claims to the Plaintiff; and on the 12th of the same month, C sent the notice of assignment of claims to the Defendant on the 195,719,365.
C. As a result of the construction cost under the instant construction contract, the Defendant paid C totaling KRW 3,177,246,464 (including the amount paid as wages, and KRW 68,625,610) from June 22, 2018 to February 1, 2019. On behalf of C, the Defendant spent KRW 21,912,00 in total as waste disposal expenses from October 5, 2018 to January 7, 2019.
In addition, the employment insurance premium which the defendant paid in advance is the total of 7,015,350 won.
After that, C concluded the construction work under the instant construction contract, and agreed on May 8, 2019 to extend the construction period to 31 days and to change the construction cost to 3,600,000,000 won.
E. Meanwhile, in addition to the notification of the assignment of claims of this case regarding the unpaid construction price according to the instant construction contract, attachment and provisional attachment such as the attached attachment and provisional attachment.