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

A. The Plaintiff’s assertion is that the Defendant, while entering into a subcontract for the construction work of the rinked Construction Co., Ltd. (hereinafter “TAD”) and the part of the construction work was changed to that of the construction work, re-subcontracted the Plaintiff with the construction cost of KRW 55,00,000 on December 2014. Accordingly, since the Plaintiff completed the instant construction work, the Defendant is obliged to pay the Plaintiff the construction cost of KRW 55,00,000,000 for the construction cost of the instant case.

B. (1) The Defendant’s assertion (i) When the part of the construction work of the construction work of the KFT which was originally subcontracted to the Defendant was changed to the Changho Construction due to a design change, the Plaintiff had the Plaintiff perform the instant construction work. In order to avoid the prosperity of entering into a subcontract with the Plaintiff, the Defendant had the Plaintiff take the method of re-subcontracting the instant construction work to the Plaintiff, and the instant construction cost paid directly to the Plaintiff by the re-subcontracting the instant construction work to the Plaintiff in order to avoid the prosperity of the design change.

Therefore, the instant construction contract was not concluded between the Plaintiff and the Defendant, and the Defendant is not a party to re-subcontract the instant construction work to the Plaintiff.

B. The orderer, the principal contractor, and the subcontractor agree to pay the subcontract price directly to the subcontractor under Article 14(1)2 and (2) of the Fair Transactions in Subcontracting Act, even though the Defendant again subcontracted the instant construction to the Plaintiff, if the ordering person, the principal contractor, and the subcontractor agree to pay the subcontract price directly to the subcontractor, the ordering person shall directly pay the subcontractor the subcontract price corresponding to the portion of the manufacture, repair, construction, or service performed by the subcontractor, and if such agreement is reached, the principal contractor.