1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

1. Basic facts

A. As a stock company with the purpose of indoor building construction business, etc. located in Seo-gu Daejeon, the Defendant subcontracted the swimming construction work (one thousand and partitions construction work) during the contracted construction work to E running a business in the trade name of “D” from September 2007 to May 201.

B. The Plaintiff is operating a wholesale and retail business of construction materials in the name of “G” in the Daejeon Seo-gu Daejeon. As of June 30, 2013, the Plaintiff owned a claim for the purchase price of goods KRW 42,667,090 against D operated by E. as of June 30, 2013.

C. On October 16, 2013, H, an employee of the Defendant, confirmed that “D has the unpaid construction cost of KRW 7.8 million with respect to D” under the Defendant’s name, affixed a seal affixed to the Defendant’s name on the “written confirmation of accounts payable for construction cost” (hereinafter “instant written confirmation”), and then delivered D as E’s children.

On October 17, 2013, E and the Plaintiff entered into a contract with the effect that “E transfers the obligation of KRW 7.8 million owed to the Defendant to the Plaintiff.” On January 14, 2014, E sent a notice of assignment of obligation to the Defendant that “E notifies the Plaintiff that it has transferred the obligation to the Defendant to the Plaintiff on October 17, 2013” to the effect that “E transfers the obligation to the payment of the construction cost, which it has against the Defendant, KRW 7.8 million, to the Plaintiff on October 17, 2013.”

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Gap's testimony of the first instance court and the first instance court witness I, part of the testimony of the trial witness H, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion that E transferred the plaintiff's claim for the payment of the construction price of KRW 7,80,000 based on the letter of confirmation of this case to the plaintiff, and since E notified the transfer of the above claim by content-certified mail with a fixed date, the defendant is not entitled to the payment from the plaintiff.