The plaintiff's primary and conjunctive claims are all dismissed.

Litigation costs shall be borne by the plaintiff.

Basic Facts

On April 9, 2015, the Plaintiff was served on the Defendant on April 9, 2015 (hereinafter “instant collection order”) by the Jeonju District Court 2015TTTB 2626, based on this Court’s order of 2014 tea 3940 against the Plaintiff Company C (hereinafter “Nonindicted Company”), with respect to the claim of KRW 119,142,636 (hereinafter “instant claim for the construction price”) among the claim for the construction price of Nonparty Company D Corporation against the Defendant of Gangseo-gu, Busan (hereinafter “instant construction”).

The contract amount under the contract for the instant construction project between the Defendant and the Nonparty Company (hereinafter “instant contract”) is KRW 2,321,505,00, and the defect liability rate is KRW 5% of the contract amount.

By March 11, 2014, the Defendant reserved the payment of the amount equivalent to the said defect liability ratio on the ground that the non-party company did not submit the security of defect liability until March 2014. On March 11, 2014, the non-party company transferred the claim of KRW 96,300,000 to the Plaintiff (hereinafter “transfer of claim of this case”) and notified the Defendant of the assignment of claim on March 18, 2014.

[Ground of recognition] The plaintiff's assertion as to the absence of dispute, Gap's evidence Nos. 1, 2, 5, and Eul's evidence Nos. 5, and the main claim of the whole pleadings shall pay the plaintiff the claim for construction price of this case according to the collection order of this case.

Judgment

In light of the overall purport of the statements and arguments in the evidence Nos. 1, 2, and 4 (including the number of branch numbers; hereinafter the same shall apply) and each of the parties, the defendant, on February 26, 2015, before being served with the collection order of this case, completed settlement including all other construction sites including the construction site of this case, and paid 320,000,000 won as of March 12, 2015. Thus, the plaintiff's claim for this part of this case is without merit.

The plaintiff's assertion as to the conjunctive claim.