1. The plaintiff's claims against the defendants are all dismissed.

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

Basic Facts

On April 13, 2015, Defendant B entered into a construction contract with D that the mold construction cost of KRW 650 million among the apartment building construction works on the land of Kimcheon-si, Kimcheon-si (hereinafter “instant construction contract”). Defendant C jointly and severally guaranteed Defendant B’s obligation to pay the construction cost.

On April 15, 2015, the Plaintiff was awarded a subcontract with D for the construction cost of KRW 288,000,000 for the structural part of the instant construction project.

The instant construction contract was rescinded on June 25, 2015, and D discontinued construction works on June 30, 201, and the Plaintiff discontinued construction works on May 28, 2015, before the instant construction contract was rescinded.

D On May 30, 2015, the Plaintiff transferred KRW 85 million out of the claim for construction price against the Defendants to the Plaintiff. On June 3, 2016, the Plaintiff delegated the notification of transfer to the Plaintiff, and the Plaintiff notified the Defendant B of the transfer of the said claim.

D on January 18, 2017, against Defendant B, filed an application for payment order of KRW 160 million against Defendant B (Seoul District Court Decision 2017j32, the Seogjin-si Court of the Daejeon District Court) to pay the construction cost of KRW 160 million.

Accordingly, according to Defendant B’s objection, the demand procedure was implemented as a litigation proceeding (Seoul District Court Decision 2017Gadan935), and D withdrawn the said lawsuit on October 10, 2017.

[Ground of recognition] The plaintiff asserts that the plaintiff is jointly and severally liable to pay to the plaintiff the acquisition amount of KRW 85 million and damages for delay, since the plaintiff received the claim for construction payment from D for the entire purport of the pleadings, and the part concerning the plaintiff's assertion as to the claim for the acquisition amount of KRW 85 million and the damages for delay.

In this regard, in order for the plaintiff to claim the payment of the acquisition money against the defendants, the existence and scope of the claim for construction payment against the defendants in D should be stated first.

(b).