1. The plaintiff's claim is dismissed.

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

Basic Facts

The Plaintiff is a company that performs electricity, fire fighting, and telecommunications construction, and the Defendant is the owner of 1,655 square meters in Gyeongnam-gun B amusement Park (hereinafter “instant land”).

On May 20, 2009, the Defendant made a Korean-style bath (hereinafter “instant bath”) to the instant land, and ordered the said Japanese-style bath construction (hereinafter “instant construction”) to KRW 1,265,00,000 for construction cost. On August 24, 2009, the contractor changed the contractor to a Soduk comprehensive Construction Co., Ltd., and on July 2010, the Defendant concluded a contract for construction with C again.

C On August 30, 2011, the Plaintiff subcontracted the electrical construction (communication, electricity, and fire fighting) among the instant construction to KRW 74,800,00 (including surtax) for the construction cost, and the construction cost is directly paid by the owner (the Defendant) and the remainder is paid within 20 days after completion.

The instant bath was completed on April 30, 2012 and the registration of ownership preservation was completed in the future of the Defendant.

On July 26, 2012, the Plaintiff seized the instant land and the public bath of KRW 55,00,000 as the claim amount by using the remaining amount of KRW 55,000,000 for the instant construction work as the claim amount, and the said provisional attachment was revoked on October 12, 2012.

On September 7, 2012, the Plaintiff filed a lawsuit against the Defendant demanding the payment of the remainder of the instant construction work under the court’s 2012da12111, which was withdrawn on October 12, 2012.

On October 11, 2012, the Defendant issued a letter of undertaking (Evidence No. 2, hereinafter “each of the instant notes”) containing the content that KRW 4,00,000 shall be paid to D, regardless of the instant construction works, to D, by October 31, 2012.

D On September 28, 2016, the Plaintiff transferred the claim amounting to KRW 4,00,000 to the Defendant pursuant to the instant letter to the Plaintiff. On September 29, 2016, the Plaintiff was delegated with the authority to notify the assignment of claims from D and sent the notification of the assignment of claims to the Defendant by content-certified mail, thereby reaching the Defendant around that time.

[Ground of Recognition] Unsatisfy, Gap Nos. 1, 2, and .