1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

The defendant asserts that the lawsuit of this case is unlawful, since the plaintiff transferred the claim of this case to the non-party corporation C, and there is no standing to be a party.

On the other hand, in a lawsuit for performance, the standing to be a party is the person who asserts that he/she has the right to demand performance, which is the subject matter of the lawsuit, and whether or not there exists the right to demand performance, shall be proved through the deliberation of the merits (see Supreme Court Decision 2003Da44387, 44394, Oct. 7, 2005). As long as the plaintiff claims the performance of the claim of this case against the defendant, the plaintiff has the standing to be a party, and therefore the defendant's above assertion is without merit.

On August 24, 2017, the Defendant concluded a construction contract with D to determine construction cost of KRW 1,250,500,000 (excluding value-added tax) among E-new construction works (hereinafter “instant construction works”).

From December 1, 2017 to January 6, 2018, the Plaintiff supplied the Defendant with the sum of 22,685,652 won (including value-added tax) of the 2,440 wood used for the instant construction (hereinafter “instant goods”) including earth plates to be used in the instant construction on a total of five occasions.

On February 10, 2018, the Plaintiff received KRW 15,400,00 from the Defendant, but did not receive the remainder of KRW 7,285,652.

Therefore, the defendant should pay to the plaintiff the balance of the goods price of this case 7,285,652 won and damages for delay.

Judgment

On the other hand, as seen earlier, the Defendant asserted that the Plaintiff was not a party to the claim on the ground of the Plaintiff’s assignment of claims. As such, this defense contained the defense on the ground that, as the Plaintiff transferred the claim to the Plaintiff, the claim based on the premise that the obligee is a creditor is without merit.

(See Supreme Court Decision 92Da18597 delivered on October 27, 1992, see Supreme Court Decision 92Da18597).