1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is a company with the purpose of leasing construction materials. The Defendant is a company with the purpose of general construction business, civil engineering construction business, etc., and Nonparty C Co., Ltd (hereinafter “Nonindicted Company”) is a company with the purpose of reinforced concrete construction business, etc.

B. Around January 2017, the Defendant entered into a contract for construction works with D Co., Ltd. (hereinafter “original contractor”) with respect to construction works (hereinafter “new construction works in this case”) by setting the construction cost of KRW 76,877,90,000, and the contract period of the construction works from January 5, 2017 to April 4, 2019.

C. On March 29, 2017, the Defendant entered into a construction subcontract with the Nonparty Company by setting the construction cost of KRW 13,860,000,000 and the construction period from March 29, 2017 to July 31, 2018 with respect to the instant new construction works (hereinafter “instant construction works”).

On April 14, 2017, the Plaintiff concluded a lease agreement between the non-party company and the non-party company to lease construction materials necessary for the instant construction, and accordingly, leased construction materials necessary for the instant construction to the non-party company.

E. Around August 17, 2018, the non-party company delayed the payment of construction materials rent to the Plaintiff. Around August 2018, the Plaintiff and the non-party company entered into a contract with the Plaintiff to transfer KRW 110,000,000 (hereinafter “instant claim”) out of the instant construction cost claim against the Defendant of the non-party company (hereinafter “instant claim”). Upon delegation by the non-party company, the Plaintiff issued a notice of assignment of the instant claim by content-certified mail (hereinafter “the notice of assignment of the instant claim”) to the Defendant on the same day. The notice of assignment of the instant claim reaches the Defendant on August 21, 2018.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings

2. The assertion and judgment

(a) argument (1).