1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant (the trade name was changed from, on September 2, 2005, to, Hoyang Construction Co., Ltd. and changed to, on January 4, 2008) was awarded a contract with the Korea Electric Power Corporation for “B construction works (B Section 2)” from, around October 2002. The Plaintiff was awarded a subcontract with the Defendant for part of the steel tower construction (hereinafter “the instant construction works”) during the said construction works, and completed the instant construction works on November 2005.

B. On August 3, 2005, the Defendant transferred the Defendant’s claim for the payment of the construction price payable to the Korea Electric Power Corporation in the amount of KRW 330,000,000 to the Defendant’s Korea Electric Power Corporation (hereinafter “transfer of claim”).

C. The Defendant received the said construction cost from the Korea Electric Power Corporation over several times before the Plaintiff collected the transfer money from December 13, 2006 after the transfer of the instant claim.

[Ground of recognition] A without dispute, entry of Gap evidence 1, purport of whole pleadings

2. The plaintiff's assertion and judgment as to the plaintiff

A. The Defendant asserted that the Plaintiff transferred the claim against the Korea Electric Power Corporation to the Plaintiff, but received the claim for construction cost from the Korea Electric Power Corporation before the Plaintiff collected the transfer money. Unless the notification of the assignment of claim to the Korea Electric Power Corporation was given, the Plaintiff cannot claim the transfer money to the Korea Electric Power

Therefore, the acquisition amount that the Defendant received from the Korea Electric Power Corporation should be reverted to the Plaintiff in relation to the Plaintiff. The Defendant received and consumed the above amount, thereby gaining profits without being legalized and causing damages equivalent to the above amount to the Plaintiff.

Therefore, the defendant is obligated to refund the amount of KRW 330,000,000 and damages for delay equivalent to the amount of the assignment of claims to the plaintiff as unjust enrichment.

B. We examine the determination, and the Defendant’s construction cost from the Korea Electric Power Corporation after the assignment of the instant claim.