A. A. E.S.S. Co., Ltd. (hereinafter “A.S.”), is the owner and the contractor of the instant construction of the C apartment (hereinafter “instant construction”).

Until June 1, 2016 to November 24, 201 of the same year, the Construction Development Co., Ltd. (hereinafter referred to as “construction”) accepted a subcontract for interior works of the instant construction from ASdong (hereinafter referred to as “the interior works of this case”). The Plaintiff was a company established for the purpose of timber sanction and processing business, etc., and was entrusted by the Construction Development with the manufacture and supply of wood and joint plates, etc. required for the interior works of this case, and supplied materials worth KRW 35,231,100 to the site of the instant construction. At the time, the construction development entrusted the Plaintiff with the manufacture supply by pointing out the name, size, and quantity of the materials required for the interior works of this case.

B. Although the development of new technology issued and delivered promissory notes to the Plaintiff for the payment of the price of supply of materials, etc., the Plaintiff was unable to receive the price of supply of the said materials, etc. as the said promissory notes were defaulted on November 28, 2016.

C. The Plaintiff’s failure to pay as above led to the Plaintiff’s failure of construction, and on November 29, 2016, requested a direct payment of KRW 35,231,100 (including value-added tax) of the instant material price based on Article 14(1)1 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract Act”) and Article 35(1) and (2) of the Framework Act on the Construction Industry to ASdong, an ordering person, for the first direct payment.

B sent by content-certified mail, and the above content-certified mail reached on November 30, 2016, the following day. D.

After the plaintiff's first demand for direct payment for ASdong, the development paid 6,154,800 won out of the unpaid material price to the plaintiff.

E. The Plaintiff’s purchase price of the materials that was not paid from the original development as above 6,154.