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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 30, 2015, C Co., Ltd (hereinafter “C”) concluded a construction contract for internal interior interior interior medicine contract (hereinafter “instant construction contract and “instant construction contract”) with the Defendant, setting the construction cost of KRW 209,00,000 (including value-added tax) located in the building in Nam-gu Incheon Metropolitan City (hereinafter “instant hospital”) as KRW 209,00,000.
B. C commenced the instant construction work on August 2015, 201, but, upon the Defendant’s request for construction in excess of the scope of the originally agreed construction work, C revised the design that was originally agreed upon and continued the construction work. The construction cost as claimed by the Plaintiff is equivalent to KRW 286,380,000 for construction cost as claimed by the Plaintiff.
C. The Defendant paid C the construction cost of KRW 159,00,000 in relation to the instant construction project.
On October 2, 2015, the Defendant asserted that C unilaterally suspended construction works, and notified C of the termination of the instant construction contract by facsimile, and completed the instant construction work through other companies.
E. On April 27, 2016, C alleged that the outstanding amount among the claim for construction price under the instant construction contract reaches KRW 180,605,132, and transferred the claim for construction price equivalent to the outstanding amount (hereinafter “instant claim”) to the Plaintiff (hereinafter “transfer of the instant claim”), and the Plaintiff notified the Defendant of the transfer of the instant claim delegated by C on June 23, 2016, and the said notification reached the Defendant on June 24, 2016.
F. At the time of the transfer of the instant claim to the Plaintiff, the Plaintiff did not hold any claim against C, and the Plaintiff owned the claim against D, the representative director of C.
On the other hand, D owns all 20,00 shares of the company as a shareholder of C's 1.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 through 16 (including a branch number), written appraisal of appraiser G preparation, and pleadings.