A. On November 8, 2004, the Defendant awarded a contract for the “dual - bamboo thick Road Construction Project” to a pair of construction companies.

B. The Plaintiff supplied ready-mixed, a material necessary for the above construction, to the two-way construction, and the price has been paid by means of receiving loan against security of credit sales claims (B2B).

C. Among them, on October 22, 2012, the Plaintiff, the Defendant, and the construction for both parties entered into a direct payment agreement (hereinafter “instant direct payment agreement”) with the following content.

Article 1 (2) Article 35 (2) of the Framework Act on the Construction Industry Article 35 (2) of the Framework Act on the Construction Industry shall directly pay the subcontractor the subcontract price corresponding to the portion executed by the subcontractor in any of the following cases:

1. Where the project owner and contractor, or the project owner, contractor, and subcontractor agree to pay the subcontract price directly to the subcontractor by clarifying the purport thereof and payment methods and procedures, the defendant shall pay the price directly to the plaintiff;

Article 2 Construction for Both parties shall apply for the part supplied by the plaintiff at the time of the completion inspection and the completion inspection, by classifying the details of the part supplied by the plaintiff, and the request for payment of the material price shall be made separately, and the defendant shall pay the material price to the plaintiff

(hereinafter omitted)

D. In accordance with the instant direct payment agreement, the Plaintiff was directly paid from October 2012 to June 2013, 2013 the amount of ready-mixed construction by the Defendant.

During that period, the Plaintiff issued an electronic bond for the loan against security of credit sales claims in accordance with the previous method with respect to the amount of KRW 99,805,750,00 (hereinafter referred to as the “instant claim” or the “instant obligation”) total amount of ready-mixed deposits from July 2013 to October 2013.

E. However, a pair of construction projects is insolvent.