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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
A Co., Ltd. (hereinafter referred to as “B”) engaged in the railroad construction business, track construction business, etc., together with the Defendant’s Intervenor, participated in the bidding of the “C-Annexed Construction Work (Ij)” (hereinafter referred to as the “instant Construction Work”) ordered by the Defendant by constituting a joint venture method (B shares 90%, and 10% shares in the Defendant’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s 10%). The
B and the Intervenor joining the Defendant contracted the instant construction work from the Defendant on March 3, 2014, as the contract price of KRW 38,586,00,000 (the total construction period of KRW 48,871,064,00) and the construction period from March 3, 2014 to December 31, 2014.
(hereinafter “instant construction contract”). However, B failed to comply with the scheduled construction process by March 31, 2014, including failure to commence construction works, and the Defendant requested a specialized construction mutual aid association that guaranteed B’s performance of construction works to provide a guarantee construction. On May 20, 2014, after settling accounts for construction cost arising from B and sexual high-speeds, the progress payment for the construction portion specified in the instant construction contract is KRW 60,235,00, and the signal box for the signal box that is not included in the instant construction contract refers to a station set up for the traffic or evacuation of trains, not passengers or freight, according to the type of railroad station.
The obligation to pay for the completed portion of the construction project (hereinafter referred to as "unfashion signalling project") was finalized with the total amount of KRW 308,520,000,000.
한편 토목건축공사업 및 산업설비 공사업 등을 영위하는 원고는 2014. 4. 21. B과 ‘B이 피고에 대하여 가지는 이 사건 공사의 공사대금채권 중 33억 원’을 양수하는 채권양수도계약(이하 ‘이 사건 채권양수도계약’이라고 한다)을 체결하였고, B은 2014. 4. 22. 피고에게 위 채권양도사실을 통지하여 그 통지가 2014. 4. 23. 피고에게 도달하였다.
【Partial grounds for recognition】Non-contentious facts, Gap 1 through 3, 5, Eul 1, and Eul 1.