1. The plaintiff's claim is dismissed.

2. Of the costs of the lawsuit, the costs involved in the participation are assessed against the Plaintiff’s Intervenor.

1. Basic facts

A. 1) On February 2014, the Defendant entered into a contract, etc., with the Plaintiff’s Intervenor, and the cost of construction KRW 520,00,000,000, and the period of construction, as determined from February 5, 2014 to April 20, 2014 (i.e., the instant remodeling construction works).

) The contract was concluded (hereinafter referred to as “instant contract”).

(2) On March 10, 2014, the Plaintiff and the Plaintiff’s Intervenor concluded a subcontract for construction cost of KRW 176,00,000 with respect to the parts of the instant remodeling construction works; the first additional construction contract for the construction cost of KRW 38,40,000 on April 4, 2014; and the second additional construction contract for the construction cost of KRW 29,60,000 on April 23, 2014, respectively.

B. On June 10, 2014, the Plaintiff’s Intervenor, including the transfer of the claim for construction cost, transferred “15,051,152 won out of the claim for the construction cost against the Defendant” to the Plaintiff. On the same day, the Plaintiff’s or the Plaintiff’s Intervenor sent to the Defendant the content-certified mail indicating his/her intent to transfer the claim, and reached June 11, 2014. However, the Plaintiff’s or the Plaintiff’s Intervenor did not obtain prior consent from

【Unsatisfying the grounds for recognition】 【Unsatisfying the facts, Gap 3-8 evidence

2. Assertion and determination

A. The Plaintiff’s Intervenor’s assertion 1) completed the instant remodelling work, and notified the Defendant of the fact that the Plaintiff transferred the claim of KRW 115,051,152 out of the construction cost to the Plaintiff. As such, the Defendant is obligated to pay KRW 115,051,152 to the Plaintiff, the assignee of the claim, the assignee of the claim, with the amount of KRW 115,051,152, and damages for delay. (2) Defendant A is obliged to pay the amount of the claim assignment under the instant contract. Since the Plaintiff acquired the claim with the knowledge of the special agreement prohibiting the assignment of the claim or without gross negligence, the Defendant cannot accept the Plaintiff’s claim for the transfer of the claim against the special agreement