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

Purport of claim and appeal

The first instance court.

A. The Plaintiff is a person who engages in construction business, such as steel structure construction, with the trade name of “C”, and the Defendant is a person who engages in wholesale and retail business with the trade name of “Titte D”.

B. On July 2, 2013, the Defendant: (a) concluded a construction contract with E for the construction work of KRW 115,00,000 (excluding value-added tax); and (b) the construction period from October 1, 2013 to November 30, 2013; and (c) concluded a contract for the construction of a new building to engage in wholesale and retail business on the F of the Daegu-UF (hereinafter “instant building”).

(hereinafter “instant contract”). (c)

E around January 10, 2014, the construction price of which is KRW 28,00,000 (payment date January 29, 2014), the construction period is set from January 10, 2014 to the end of January 20 of the same month and subcontracted the part of the steel-frame construction among the construction works of the said building (hereinafter “instant subcontract”), and the Plaintiff completed the steel-frame construction work around January 20, 2014.

Around February 17, 2014, the instant building was completed, and the Defendant paid KRW 10,000,000 to the Plaintiff on March 11, 2014.

E. On July 17, 2014, the Plaintiff requested the Plaintiff to pay the subcontract price directly to the Defendant by serving the instant written complaint.

[Ground of recognition] Each entry or video of Gap evidence Nos. 1 through 7, Eul evidence No. 1 (including branch numbers), and the purport of the whole pleading

2. The assertion and its judgment

A. The plaintiff's assertion is that E, the principal contractor, cannot pay the subcontract price to the plaintiff, the subcontractor, and the plaintiff requested the defendant, the ordering person, to pay the subcontract price directly. Thus, the defendant is obligated to pay the plaintiff the subcontract price directly pursuant to Article 14 (1) 1 of the Fair Transactions in Subcontracting Act (hereinafter "subcontract Act"). The defendant is obligated to pay the plaintiff the subcontract price of KRW 28,000,000,000, excluding the amount of KRW 10,000,000 which the plaintiff received the subcontract price from the defendant.