1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Determination as to the cause of claim

A. In fact, on March 20, 2015, a contract was concluded with the following terms: (a) on March 20, 2015, with the trade name of “C” for the construction business as its business purpose; (b) the business registration of D was completed; and (c) on April 27, 2016, with the agreement that the Defendant will pay KRW 660,000 (including value-added tax; hereinafter the same shall apply); and (b) on June 20, 2016, a contract was concluded with the Plaintiff to subcontract the steel frame construction of KRW 229,350,000 among the said new construction works in the name of the said C company D; and (c) on April 27, 2016, the amount of construction cost of KRW 116,60,000 (including value-added tax; hereinafter the same shall apply).

3) Around September 2016, the instant new construction was completed, and the Defendant had a director as a new factory at that time, and registered the location of the head office in the Defendant’s corporate register around October 10, 2016. (4) The Plaintiff completed the said steel construction around July 2016, but the Plaintiff was paid KRW 151,00,000 out of the price of the said steel construction at KRW 229,350,000, and was not paid the remainder of KRW 78,350,000.

5) On October 10, 2016, F on behalf of D, prepared a written notice of assignment of claims (hereinafter “written notice of assignment of claims of this case”) as follows to repay the unpaid amount out of the Plaintiff’s price for the said steel framed construction work, and issued D seal to the Plaintiff. B GH CJJJJJ AK6) on October 13, 2016, the Plaintiff sent the instant notice of assignment of claims to the Defendant on October 13, 2016, but did not serve as a director known.

Accordingly, on November 16, 2016, the Plaintiff re-issued the instant notice of assignment of claims to the Defendant, and the said notice of assignment of claims to the Defendant on November 17, 2016.

7) On December 9, 2016, the Defendant paid to D the balance of KRW 109,000,000 for the instant newly-built construction project. [Grounds for recognition] The facts of no dispute, Gap’s evidence 1 through 6, Eul’s evidence 1 through 3 (if available, each statement including each number, and the purport of the entire pleadings).

2. Determination

(a) Whether the assignment of claims exists;