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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The following facts do not conflict between the parties or may be acknowledged in full view of the following facts: Gap evidence Nos. 1 to 3, 5, 7, 13, Eul evidence Nos. 1 to 6-2, Gap evidence No. 11-2, 3, Eul evidence No. 3-6, Eul evidence No. 4-6, and the fact-finding with respect to DNA construction by the court of first instance, and the whole purport of the pleadings.
On December 11, 2008, the Defendant subcontracted construction of reconstruction apartment units on the ground of 35,280 square meters (hereinafter “instant construction”) to ELD Construction Co., Ltd. (hereinafter “ELD Construction”), among the instant construction works, to ELD Construction Co., Ltd. (hereinafter “D”) on October 1, 2010, the Defendant subcontracted the instant construction of reinforced concrete to Dak Construction Co.,, Ltd. (hereinafter “D”) on October 13, 2010 (hereinafter “DD Construction”), and DD construction subcontracted construction to Dak Construction Co.,, Ltd. (hereinafter “D”) (hereinafter “D”), around October 1, 2010.
B. The Defendant ordered the instant construction work to the ELD Construction Co., Ltd. (hereinafter “Dad Construction”) around August 201, when the instant construction was suspended from November 8, 2010 due to the bankruptcy of ELD Construction due to the suspension of the instant construction from November 8, 2010.
C. On November 22, 2011, D entered into a contract with limited liability companies E (hereinafter “E”) to transfer the claim amounting to KRW 520,000,000 out of the subcontract price for the subcontracted construction work of the instant construction project involving DDD with respect to D DD construction. On the same day, D sent a notice of transfer of the claim by content-certified mail to DD construction, and around that time the said notice reached DD construction.
(hereinafter referred to as “the first assignment of claims”) D.
D For D Construction, Jeonju District Court No. 2011 Gohap6273, the amount claimed is KRW 309,818,010.