1. The plaintiff's claim is dismissed.

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

Basic Facts

A. The Defendant and Yangyang Integrated Construction Co., Ltd. (hereinafter “Yyang Integrated Construction”) contracted “B new construction” by the Office of Education of Busan Metropolitan City (hereinafter “B”), and subcontracted among them to C Co., Ltd. (hereinafter “C”) on October 22, 2010 the total construction cost of KRW 2,70,000,000 (i.e., KRW 767,300,000, KRW 1,932,70,000, value-added tax (including KRW 1,932,70,000, and value-added tax).

(No. 1, 2) The construction cost has been changed to KRW 2,560,512,000 in total after the completion of the construction work.

B. On November 11, 2010, the Plaintiff (former: D Co., Ltd.) completed the construction by subcontracting the floor pool construction of the instant construction from C to KRW 605,00,000 (including value-added tax).

C. On March 12, 2014, the Plaintiff and C confirmed that C bears the Plaintiff’s obligation to pay the construction cost of KRW 493,263,00 with respect to the instant construction project. In order to pay the said obligation, C prepared an assignment contract under which C transfers KRW 493,263,00 to the Plaintiff out of the construction cost claims against the Defendant and Yangyang General Construction, and notified the Defendant and Yangyang General Construction.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence No. 3 (including each number), the party's assertion to the purport of the whole pleadings

A. The plaintiff's assertion that C takes over KRW 493,263,00 among the claim for construction price against the defendant in relation to the instant construction project, and notified the defendant thereof, the defendant shall pay the above amount of the claim for acquisition and delay damages to the plaintiff.

B. The Defendant’s assertion 1) C, on December 17, 2010, prior to the transfer of the claim to the Plaintiff, drafted a letter of undertaking to waive all rights to the Defendant regarding the instant construction project between Gyeyang General Construction and Yangyang Construction, and there is no claim that the Plaintiff acquired from C. 2) C directly or directly receives the construction cost from Busan Metropolitan City.