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.

1. Basic facts

A. The Plaintiff and B Co., Ltd. (hereinafter “B”) were jointly awarded a contract for “A Corporation” from the Public Procurement Service, on May 12, 201, when they were decided to commence rehabilitation procedures on May 12, 201, and was abolished on January 3, 2017. The Gwangju District Court 2017Hahap1 case, which was declared bankrupt on January 18, 2017.

B. The Plaintiff and B jointly share the same on July 15, 2013.

Of the works described in paragraph (1), the machinery and equipment works were subcontracted to the limited company C (hereinafter referred to as “C”).

(hereinafter referred to as “instant subcontract”). (c)

C) On April 21, 2016, upon filing an application with the Plaintiff and B for a payment order claiming construction cost under the instant subcontract agreement, the Gwangju District Court 2016 tea2468 case, and issued a payment order on April 21, 2016, stating that “The Plaintiff and B jointly and severally paid C the amount calculated at the rate of 15% per annum from the day following the delivery date of the payment order to the day of complete payment.”

On May 10, 2016, the above payment order became final and conclusive on May 10, 2016 because the plaintiff did not raise an objection within the time limit.

(hereinafter referred to as the “instant payment order”). On the other hand, B filed an objection within the period and continues to file a lawsuit on the merits (Seoul District Court 2016Gahap1078). D.

On May 23, 2016, the Defendant received C’s claim for construction price against the Plaintiff based on the instant payment order, and notified the Plaintiff of the assignment of the said claim on May 26, 2016, and was granted C’s successor to the instant payment order on May 27, 2016.

【Ground for recognition】 The fact that there has been no dispute, Gap's 1 through 5, 7 (if there is a provisional number, including branch numbers; hereinafter the same shall apply), Eul's 1 through 4, and 11 through 13, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s claim is established in a lawsuit of demurrer against the final payment order.