1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Basic Facts

On September 23, 2013, Defendant Hocheon-si C Logistics Center (hereinafter “instant logistics center”) concluded a subcontract agreement on September 23, 2013 with respect to the construction cost of 3,300,000,000 won (including value-added tax) among the construction works of the instant building and reinforced concrete construction (hereinafter “instant building and reinforced concrete construction”) that was being performed under a contract with Defendant Hacheon-si Co., Ltd. (hereinafter “Defendant Company”).

(hereinafter “instant subcontract”). At the time of the conclusion of the instant subcontract, the Defendant Company and the instant construction agreed that “The claim (construction price claim) arising in connection with the instant soil works and reinforced concrete construction shall not be transferred to a third party. In case where the instant subcontract is intended for the assignment of claims, the Defendant Company shall obtain prior consent from the guarantee agency and obtain approval from the Defendant Company.”

(hereinafter referred to as "the instant arrangement prohibiting the assignment of claims". KCC construction performed additional construction works, such as reinforced soil, in consultation with the Defendant company while carrying out the instant land construction and reinforced concrete construction, but in this regard, it did not conclude an explicit contract with the Defendant company.

On July 1, 2014, the Defendant Company sent to the Defendant Company a written consent of direct payment of the subcontract price with the effect that “The Defendant Company agrees to pay the progress payment that the Defendant Company shall pay to the Plaintiff according to the instant soil construction and reinforced concrete construction work.” The Defendant Company received at that time.

The Korea Communications Commission completed the instant soil construction and reinforced concrete construction including the foregoing additional construction, and the instant logistics center obtained approval for use from Echeon-si on August 25, 2014.