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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 23, 2012, Sam Profit Promotion Construction Co., Ltd. (hereinafter “Nonindicted Company”) transferred the following claims to the Plaintiff (hereinafter “transfer of claims”). The notice of the transfer of claims in this case was given by the Nonindicted Company to the Plaintiff, and the amount of subsidies that the Plaintiff incurred pursuant to an agreement for direct subcontract payments between the Defendant and the subcontractor of the instant construction project (No. 1 company, etc.) was delegated to the Plaintiff, among the claim for construction cost (including the claim for construction cost added due to the change of the contract) that the Nonparty Company would receive from the Defendant in relation to the construction cost (hereinafter “the instant construction work”) that the Defendant would receive from the Defendant, among the claim for construction cost (including the claim for construction cost added by the change of the contract) that the Defendant would receive from the Defendant.
B. On April 23, 2012, the Plaintiff notified the Defendant of the assignment of the instant claim, and requested the Defendant’s approval. On April 25, 2012, the Defendant notified the Plaintiff that he/she approved the transfer of the instant claim.
C. According to the assignment of claims in this case, the Plaintiff received from the Defendant KRW 47,223,630 on April 30, 2012, KRW 53,940,00 on May 31, 2012, and KRW 70,07,394 on June 29, 2012, and KRW 42,983,036 on September 27, 2012, and KRW 12,146,00 on December 27, 2012, and KRW 40,930,120 on September 17, 2013, and appropriated it for the Defendant’s obligations against the non-party company.
A et al., a creditor of the non-party company, filed an application for provisional seizure of the claim for the construction price of the instant construction works held by the non-party company against the defendant under the official order of Daejeon District Court 2013Kadan631, and the provisional seizure order was served on September 9, 2013, and the provisional seizure order was transferred to the defendant on the provisional seizure order.