1. The plaintiff's claim that was changed in exchange in this court is dismissed.

2. The Plaintiff’s total costs of litigation.

1. The plaintiff's assertion

A. On November 15, 201, the Defendant was the implementer of the D Multi-Family Housing Development Project in Namyang-si, and entered into a PMF service contract (hereinafter “instant service contract”) with C Co., Ltd. (hereinafter “C”) with respect to the said development project. The instant service contract includes removal of obstacles to the said development project and vicarious performance of waste disposal construction contracts.

B. On October 20, 2014, C concluded a subcontract between E and E on behalf of the Defendant for the reclamation waste disposal works under the said development project (hereinafter “instant subcontract”) with respect to the construction cost of KRW 25 billion (hereinafter “instant subcontract”). In the said subcontract, C paid advance payment to E (i.e., KRW 2.5 billion).

C. On the other hand, on May 27, 2015, E decided to pay the Plaintiff the loan amounting to KRW 740 million up to June 16, 2015, and agreed to transfer to the Plaintiff all the claims, including advance payment claim amounting to KRW 1.7 billion, possessed by the Defendant under the instant subcontract, if the payment is not made, to the Plaintiff.

However, E did not repay the above borrowed amount to the Plaintiff, and E’s agent F (E) transferred all of the claims including the above advance payment of KRW 1.7 billion to the Plaintiff on March 30, 2016. On November 16, 2016 and January 31, 2017, the Plaintiff notified the Plaintiff of the transfer of all the claims including the above advance payment of KRW 1.7 billion to C on behalf of the Defendant.

E. Therefore, the Defendant is obligated to pay to the Plaintiff the advance payment of KRW 1.7 billion under the instant subcontract that C lawfully performed.

2. Determination

A. Under the premise that the Defendant, the executor of the D collective housing development project in Namyang-si, conferred the Defendant’s authority to conclude the instant subcontract on behalf of the Defendant at the time of concluding the instant service contract with C, the Plaintiff has a claim of KRW 1.7 billion under the instant subcontract.