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. On March 15, 2012, C entered into a contract under which the Defendant entered into a contract with the amount of KRW 183,000,000 of the construction cost, and the construction period from March 15, 2012 to June 15, 2012, with the rate of penalty for delay at 0.1% (hereinafter “instant contract”).

B. C performed the said new construction, and obtained approval for the use of the instant building around November 6, 2012.

As to this, the defendant paid C KRW 110,000,000 out of the contract price, but the remaining KRW 73,000,000 has not been paid up to now.

C. On June 13, 2013, C transferred to the Plaintiff the claim amounting to KRW 58,000,000, out of the claim for the remainder of the construction works under the instant contract (hereinafter “instant claim for remainder of the construction works”). On the same day, C notified the Defendant of the assignment of the said claim by content-certified mail, and the said notification reached the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the above KRW 58,00,000,000 and damages for delay, which received from C the claim amounting to KRW 58,00,000, out of KRW 73,000,000, out of the claim amount of the construction balance of the instant case.

B. The Defendant’s assertion 1) Claim No. 73,00,000 won for the remainder of the construction of the instant case: ① Costs for the purchase of the windows paid by the Defendant to the East Industry Construction (State) instead of C, ② Costs 22,056,400 won for the purchase of the creative infrastructure cost of the Defendant to the East Industry Construction (State); ② Costs 5,285,000 won for the Defendant’s Mabur E’s basic construction cost substituted by the Defendant’s agreement with C; ③ KRW 8,00,000 for the delay of construction ④ KRW 23,424,00 for the delay of construction ④ KRW 23,424,00 for the delay of construction; ⑤ the sum of the repair cost for the delay of construction, and KRW 76,807,201 for the delay of construction and repair due to defects (=30,899.