1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

1. The judgment on the cause of the claim was executed by the Defendant under a contract for construction work B and C on the parcel of land B (hereinafter “instant construction work”) from the future public corporation (hereinafter “UB”), and the Plaintiff leased the Defendant during construction of the instant construction work from February 2, 2014 to December 2, 2014. The fact that the Defendant’s non-payment of the rent was 13,210,000 won does not conflict between the parties, or that the rent was paid by the Defendant, based on the overall purport of the pleadings as set forth in the evidence Nos. 1, 3, and 2.

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the rental fee of KRW 13,210,000 for the term during construction (hereinafter “instant rental fee”) and damages for delay.

2. Judgment on the defendant's assertion

A. On January 27, 2015, the Defendant asserted that the Defendant transferred the Defendant’s claim for the construction payment for future public service by consenting to the Plaintiff’s direct payment of the rental fee for the construction period from the future public service, which is the principal contractor of the instant construction, to the Plaintiff in lieu of the Plaintiff’s repayment of the instant rental fee to the Defendant. The Plaintiff, upon receiving the written consent from the Defendant, stated that the claim for the instant rental fee was paid to the Defendant.

Therefore, since the Plaintiff’s obligation to the Defendant has ceased to exist by repayment through the assignment of claims, the Plaintiff cannot seek the instant loan fee against the Defendant any longer.

B. Fact 1) The Plaintiff and the Defendant paid KRW 19,030,00 for the rental fee for the term during construction, which occurred by December 2, 2014 between the Plaintiff and the Defendant. However, on June 12, 2014, the Plaintiff received only KRW 5,820,00 in total, and thereafter did not receive the instant rental fee. (ii) The Plaintiff directly paid the Defendant the instant rental fee from the future public officials.