1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. In the first instance court’s judgment, the Plaintiff filed a correction of the distribution schedule stating that “The amount of KRW 96,020,322, and the amount of KRW 48,010,161 against the Defendant among the distribution schedule prepared on April 30, 2013, in relation to the distribution procedure B of Ansan District Court’s distribution procedure B, the Plaintiff filed for correction of the distribution schedule to the Defendant and the Defendant respectively, which stated that “the amount of KRW 96,020,322, and the amount of KRW 48,010,161 against D CC Co., Ltd. shall be corrected to KRW 102,215,730, respectively,” and the court of the first instance rejected the Plaintiff’s lawsuit against the Defendant and the Plaintiff’s remaining claim against DC Co., Ltd., and dismissed the Plaintiff’s remaining claim against the Defendant.

As to this, only the plaintiff appealed against the defendant, it is limited to the part that seeks correction of the above distribution schedule within the scope of KRW 70,000,000 among the plaintiff's claims against the defendant (the part that dismissed the plaintiff's claims against the defendant in the judgment of the court of first instance).

2. The court's explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, citing this as it is by the main text of Article 420 of the Civil Procedure Act

3. The plaintiff's assertion and judgment

A. The Plaintiff’s claim for the construction price in the instant case against C’s subordinate design is in existence of a non-assignment agreement. However, since the Defendant was aware of, or was grossly negligent in, the existence of the said non-assignment agreement at the time of receiving a partial assignment from C of the claim for the construction price in the instant case, the assignment

Therefore, among the dividend schedule prepared by the above court on April 30, 2013 with respect to the distribution procedure B case of Suwon District Court Ansan Branch B, the dividend amount of KRW 96,020,322 against the defendant should be corrected to KRW 26,020,322, and KRW 00,000 against the plaintiff should be corrected to KRW 70,00,000.

B. The judgment obligor acquires the claim from the obligee by a third party.