1. The Defendant shall pay to the Plaintiff KRW 653,215,360 and the interest rate of KRW 15% per annum from October 21, 2016 to the date of full payment.

1. Determination on the cause of the claim

A. The following facts are recognized when the facts of recognition are added to each of the statements in subparagraphs A through 4, and the purport of the entire pleadings:

1) The Plaintiff is a company engaged in general wholesale and retail business, and the Defendant is a personal entrepreneur engaged in manufacturing business of working clothes, military clothes, etc., and wholesale and retail business, etc. under the trade name of “C.” Meanwhile, C has completed business registration under the name of the Defendant’s spouse D, but the Defendant actually operates it. However, C was determined as the successful bidder of the contract ordered by the purchasing business entity of the Public Procurement Service, and entered into a goods contract with the Public Procurement Service on March 21, 2016, with a view to selling clothing, etc. at KRW 653,215,360 (hereinafter “instant goods contract”).

3) On March 23, 2016, C entered into a contract with the Plaintiff for the transfer of claim between the Plaintiff and the effect that the claim for the purchase price of goods amounting to KRW 653,215,360 under the instant goods contract is to be transferred to the Plaintiff (hereinafter “instant transfer of claim”).

(4) On March 23, 2016, C and the Plaintiff applied for the approval of the instant transfer of claims to the Public Procurement Service, but the Public Procurement Service did not approve the application.

5C received 653,215,360 won under the instant goods contract from the Public Procurement Service.

B. According to the above facts of recognition, the defendant, the actual manager of C, is the party to the contract of this case, and there was a duty to implement the procedure of notification, etc. of assignment so that the plaintiff can satisfy the requirements for counterclaim against the Public Procurement Service.

However, in addition to applying for the approval of the transfer of claims to the Public Procurement Service, the Defendant received the full amount of the price for the goods under the instant goods contract from the Public Procurement Service without giving a separate notice of the transfer of claims. It is difficult for the Plaintiff to be deemed to have satisfied the requirements for setting up against the Public Procurement Service as the assignee of the claim.