1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On April 2, 2018, the Defendant awarded a contract to C (hereinafter referred to as “C”) for miscellaneous construction among Down Construction, and agreed to the total construction cost of KRW 2,629,00,000, including the modified contract, and the construction period from April 2, 2018 to September 30, 2019, the warranty bond rate of KRW 5% was the contract amount.

(hereinafter referred to as “First Corporation”). (b)

On October 15, 2018, the Defendant concluded a contract with C for the construction price of KRW 2,170,000,000 with respect to the AL Chang and Miscellaneous Works among the new apartment construction works, and the construction period of KRW 2,170,00,00, from October 15, 2018 to April 30, 2020, with the warranty bond rate of KRW 5% as the contract price.

(hereinafter referred to as “Second Corporation”). (c)

C On November 14, 2019, the Defendant: (a) expressed to C the intent to terminate the contract for the first and second works; (b) on November 20, 2019, the Defendant settled accounts of the price of the first works and the second works as KRW 2,091,540,000; and (c) on November 20, 2019, at KRW 1,428,500,000; and (d) C did not raise any particular objection thereto.

The sum of the construction costs that the Defendant paid (or directly paid) to C or subcontractor with respect to the First Works is KRW 1,981,430,00 as shown in attached Table 1; the unpaid progress payment is KRW 110,110,000; the sum of the construction costs paid for the Second Works is KRW 1,319,70,000 as listed in attached Table 2; and the unpaid progress payment is KRW 108,80,000,000.

C On November 8, 2019, the Plaintiff entered into an agreement on the assignment of claims with the purport of transferring KRW 7,500,000 among the construction cost for the first works against the Defendant, and KRW 49,20,000 among the construction cost for the second works, and notified the Defendant of the fact of the said assignment of claims on November 11, 2019, and the said notification reached the Defendant on November 12, 2019.

E. The defendant, including the plaintiff, C, and the plaintiff, are served with the notification of transfer of claim, transfer of claim, direct payment request, seizure and collection order, decision of provisional seizure of claim, etc. from many creditors of the same attached Form C as shown in attached Form 3, including the plaintiff.