물품대금
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.
1. The grounds alleged in the first instance court by the Plaintiff for the acceptance of the judgment by the first instance court are not significantly different from the contents alleged in the first instance court, and even if all of the evidence submitted in the first instance and the first instance court are examined, the judgment by the first instance court is justified.
Therefore, the court's explanation on this case is consistent with the reasoning of the judgment of the court of first instance, except for adding the following judgments to Paragraph 3 of the judgment of the court of first instance. Thus, this court's explanation is cited by the main text of Article 420 of the Civil Procedure Act.
2. Where a cause for direct payment of subcontract consideration occurs under Article 14 of the Fair Transactions in Subcontracting Act and Article 9 of the Enforcement Decree of the same Act, the obligation to pay the principal contractor to the principal contractor and the obligation to pay the principal contractor to the subcontractor shall expire within the scope of the cause for direct payment. However, where there is seizure or provisional seizure on the principal contractor’s claims against the principal contractor before a cause for direct payment occurred, the obligation to pay the subcontract consideration shall not be extinguished (see, e.g., Supreme Court Decision 2001Da64769, Sept. 5, 2003). Meanwhile, the purport of Article 14(2) of the Subcontract Act is that where the ordering person and the subcontractor have agreed to pay the subcontractor directly to the subcontractor the subcontract consideration, the ordering person is not obligated to pay the subcontract consideration in full directly to the relevant subcontractor, but the obligation to pay the subcontract consideration directly within the scope of the principal contractor’s obligation to pay the subcontract consideration shall be extinguished.
(See Supreme Court Decision 2007Da54108 Decided February 29, 2008, supra.