1. The plaintiff's claim is dismissed.

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

Basic Facts

On May 3, 2011, C Co., Ltd. (hereinafter referred to as “C”) contracted from the Plaintiff for the construction of a new building D-based D-based building of KRW 2.288 billion in Busan-gu, Busan-do, and agreed with the Plaintiff to add an additional construction amounting to KRW 197 million in September 2, 201, when the construction was in progress, around September 2, 2011.

(2) On September 23, 201, the Plaintiff completed the instant construction and delivered the instant building (hereinafter “instant building”) to the Plaintiff.

C received KRW 2.1 billion as the construction cost from May 26, 2011 to November 21, 2011, and demanded the Plaintiff to pay the remainder of the construction cost, and received a written confirmation from the Plaintiff on June 8, 2012 to pay the remainder of the construction cost by October 30, 2012.

(2) At the time of the instant construction work, the representative director of C, who was the husband of E, actually managed the said company. On December 11, 2012, E resigned from the representative director and F assumed office as the representative director.

C’s shares were owned by E 35%, F and G 30%, and H 5%. The shareholders transferred all shares to I on February 14, 2013.

I assumed office as the director and the representative director of C on the same day, changed the company’s trade name to “J” (hereinafter “J”) and registered the change of the above officer and the trade name in the corporate register on February 19, 2013.

After that, on February 12, 2014, K assumed office as the representative director of J, and on February 12, 2014, K transferred the instant claim for construction cost to I, and notified the Plaintiff through content-certified mail.

On the other hand, on November 30, 2012, the Plaintiff paid interest on bank loans of J in lieu of KRW 30,249,366, and on May 2, 2013, the Plaintiff paid on behalf of J in lieu of KRW 20,249,36, and the said Company’s design cost of the instant construction.