1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 22, 2013, Nonparty B entered into a contract for the construction of a new site C neighborhood living facility (hereinafter “new construction project in this case”) with the Defendant, Chungcheongnam-gun, Chungcheongnam-do, Seoul (hereinafter “instant new construction project”) and entered into a special agreement prohibiting transfer of claims against the Defendant to prevent transfer of claims against a third party without obtaining the Defendant’s written approval.

B. On July 10, 2013, the Plaintiff entered into a subcontract for the Changho Construction among the new construction works in this case [the construction cost: KRW 60 million (Separate Value-Added Tax), and the construction period: From July 10, 2013 to October 30, 2013].

C. On November 15, 2013, the Plaintiff acquired a claim amounting to KRW 60 million among the claim for the construction cost of the new construction project in this case against the Defendant from B, and did not obtain written approval from the Defendant.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 3, Eul evidence 1, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The summary of the parties’ assertion: The Plaintiff was transferred by B the claim of KRW 60 million out of the construction price claim of the new construction work of this case.

Therefore, the Defendant is obligated to pay the Plaintiff the construction cost of the new construction project of this case KRW 60 million and the delay damages therefor.

Defendant: The assignment of claims between the Plaintiff and B without the Defendant’s written approval is null and void.

(b) Where a third party takes over a claim from a creditor, the obligor may set up against the assignee who is aware of the existence of the special agreement prohibiting the assignment of claim or the assignee who was grossly negligent when he/she was unaware of the existence of such special agreement.

In this context, gross negligence refers to the absence of knowledge of the existence of a special agreement because it does not give any attention to the extent required to ordinary people even if it does not pay considerable attention to it, if it is easy to easily understand the existence of such special agreement.

third party's bad faith; or