1. The plaintiff's claim is dismissed.

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

Basic Facts

On May 3, 2016, the Defendant entered into a subcontract (hereinafter “instant subcontract”) with D Co., Ltd. (hereinafter “Nonindicted Company”) with the content that, if the Nonparty Company manufactures 21 equipment necessary for E Corporation and supplies it to the Defendant from February 2, 2017 to July 1, 2017, the Defendant would pay KRW 6,500,000 (excluding value-added tax) for total prices to the Nonparty Company (hereinafter “instant subcontract”).

On March 23, 2016, the Plaintiff entered into a basic contract with the Nonparty Company and entered into a transaction with the Nonparty Company. Around November 2016, the Plaintiff re-subcontracted part of the instant construction work and continued the construction work from November 2016 to April 2017.

On November 21, 2016, the parties of the non-party company, including the Defendant, the non-party company, and the Plaintiff, concluded a contract of transferring claims (hereinafter “instant contract of transferring claims”) with the assignee of claims and the Defendant as the third party obligor, designating the non-party company as the assignee of claims, the Plaintiff, etc.:

(1) The object of the assignment of claims is the claim for subcontract consideration that the transferor of claims holds against the third party obligor according to the above subcontract.

(2) Details of a claim to be transferred shall include future bonds which have not yet accrued.

(3) The amount of claims to be transferred shall be determined monthly, but the amount of claims shall be the amount of transaction price claims settled by the transferor of claims and the transferor of claims, within the scope of subcontract price claims settled by the transferee of claims and the transferor of claims against the garnishee at the base date for approval.

Article 2 (Method of Determining Transfer Price) (2) The transferee of the credit shall submit a statement of accounts to the transferor of the credit as of the end of each month and to the third debtor, present his opinion to the transferor of the credit, and the third debtor shall determine the date of approval by company

Provided, That even if the transferor of a claim fails to submit his/her opinion, the garnishee may determine the transfer price, and the transferor of a claim.