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

A. On November 10, 2015, the Defendant entered into a subcontract on reinforced concrete construction among the Gawing-gu B construction performed by the Defendant with a large wood construction company (hereinafter “ large wood construction”).

B. C supplied heat at the above construction site from January 201 to June 201 of the same year upon the request for wood construction, but was not paid KRW 48,03,856 for goods. On August 3, 2016, Suwon District Court Decision 2016Hau1017 was declared bankrupt on August 3, 2016.

C. On the other hand, on July 14, 2016, HAD requested the Defendant to pay the progress payment directly to the creditors of MAD Construction including the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination as to the cause of action

A. Since the Plaintiff’s assertion M&D construction demanded the Defendant to pay the price for the goods for the Plaintiff’s M&D construction, the Defendant is obligated to pay the Plaintiff the price for the goods and the damages for delay.

B. When the person ordering, the principal contractor, and the subcontractor have agreed on the direct payment of the subcontract price pursuant to Article 14(1)2 and (2) of the Fair Transactions in Subcontracting Act, the ordering person shall directly pay the subcontractor the subcontract price corresponding to the part executed by the subcontractor, but it is insufficient to recognize that the Defendant consented to the direct payment of the subcontract price due to the descriptions of the evidence Nos. 3 and 5, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's above assertion is without merit.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.