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.

1. Basic facts

A. On October 26, 2017, the Defendant entered into a contract with D (hereinafter “D”) under which the Defendant would receive a contract for the “E Urban Residential Housing Construction Corporation” from D to the construction cost of KRW 4,193,817,800 (including value-added tax).

B. On January 24, 2018, the Defendant entered into a contract with C (hereinafter “C”) under which the Defendant wishes to subcontract reinforced concrete construction works among the said new construction works to KRW 650,000 (including value-added tax) (hereinafter “instant subcontract”).

C. On the day of the conclusion of the instant subcontract, the Defendant and C entered into an agreement with the principal contractor C to the effect that “40% of the construction amount shall be paid to the principal contractor C as a penalty upon request for termination of the contract. The subcontractor C shall pay 40% of the construction amount to the Defendant as a penalty upon request of the principal contractor for termination of the contract (hereinafter “instant penalty agreement”).

On February 7, 2018, the Defendant paid the advance payment of KRW 50,000,000 to C of the instant subcontract.

E. On April 16, 2018, the Defendant notified the Defendant of the purport that “D, the ordering person, should terminate the instant subcontract because it is more impossible to carry out the instant construction work as D terminates the contract for new construction of E urban residential housing.”

F. On September 28, 2018, C transferred to the Plaintiff the claim amounting to KRW 260,000,000,000, which C had against the Defendant under the instant penalty agreement (i.e., the construction cost of the instant subcontract 650,000,000 x 40%), which C obtained from the Defendant, and then notified the Defendant of the assignment of the said claim on the same day.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3, and 4-1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The assignment of claims between the Defendant’s assertion and C is objection.