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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 22, 2013, EXN Construction Co., Ltd. (formerly, Co., Ltd., Ltd., Co., Ltd., Ltd.; hereinafter Nonparty Co., Ltd) drafted an assignment agreement with C as follows; and on December 2, 2013, sent to the Defendant a written notice of assignment of claims stating that “the Nonparty Co., Ltd. transferred the claim for construction price to C” by content-certified mail.
1. To indicate the bonds to be transferred;
(a) The amount of claims: 130,000,000 won; and
(b) Contents of a claim: A claim for the construction cost of the construction site of the D shop construction site owned by the debtor (the defendant) to the third debtor (the defendant) (hereinafter referred to as the "claim for the Construction Cost of the instant case").
2. Third obligor: Defendant;
B. On April 19, 2013, C: (a) concluded a transfer agreement between the Plaintiff and C on the assignment of claims between the Plaintiff and C; and (b) on December 3, 2013, C sent to the Defendant a written notice of assignment of claims stating that “The claim for the construction cost of this case against the Defendant was transferred KRW 130,000,000 to the Plaintiff” by content-certified mail.
C. Meanwhile, the construction cost to be paid by the Defendant to the non-party company in relation to the construction of the above facilities is KRW 622,027,460.
However, with respect to the claim for the construction payment of this case against the defendant of the non-party company, seizure and assignment of claims have been made as follows.
(1) On May 4, 2012, the director of the District Tax Office notified the Defendant of the attachment of KRW 80,318,510 of the instant construction cost claim against the Defendant of the non-party company on the ground of the non-party company’s default of national taxes.
B. On October 29, 2012, the Vice-Governor of the National Health Insurance Corporation (the Vice-Governor of the National Health Insurance Corporation) notified the Defendant of the attachment of KRW 262,74,330 of the instant construction cost claim against the Defendant of the non-party company on the grounds of delinquency in payment, such as the insurance premium of
Article 22(1) of the Civil Procedure Act (amended by Act No. 1160, Oct. 10, 2013); and Article 22(1) of the Civil Procedure Act (amended by Act No. 11835, Oct. 10, 2013).