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

Cheong-gu Office

On January 17, 2012, the Defendants confirmed that the BB consortium Co., Ltd. (hereinafter referred to as the “BB consortium”) deposited by the FOO in Busan District Court dong Branch in 2012, the Plaintiff is entitled to claim payment of deposit money for the OO members.

A. On August 25, 2009, the CCC Communications Co., Ltd. (hereinafter referred to as the “CCC”) concluded a subcontract with the Plaintiff for construction work for the night lighting equipment production and supply works (hereinafter referred to as the “instant construction works”) among the golf clubs that CCC contracted from BBC clubs during the night lighting hours (hereinafter referred to as “instant contract”) (hereinafter referred to as “instant subcontract”) from August 25, 2009 to December 25, 2009 (hereinafter referred to as “instant subcontract”).

B. After that, the instant construction was suspended due to the financial difficulties of BBC and CCC, and the BBC club entered the rehabilitation procedure around September 2010 (BBC district court 2010 CO).

C. On February 24, 2011, BBC clubs obtained permission from the Busan District Court Bankruptcy Division to conclude a contract for the execution of an executory bilateral contract and an amendment thereto, and on March 16, 201, the CCC changed the construction cost of the instant contract to the OO members. In light of the fact that the BBC club is under rehabilitation procedures, the following agreements were concluded on the method of payment for the construction cost pursuant to Article 3-4 of the Special Conditions for the Construction Contract, taking into account that the BBC club is under rehabilitation

3-4) Method of remaining progress payment

(1) The amount obtained by subtracting advance payment from the changed amount.

(2) An amount equivalent to 70% of the operating earnings generated from night opening each month shall be paid to the "CC": Provided, That the calculation of operating earnings shall be based on the amount obtained by deducting direct expenses ( personnel expenses, water and water and mineral heat costs, etc.) from the sales generated from the operation of a set.

(3) Time of payment shall begin on the 15th day of the following month after the settlement of profits from the operation of the current month.

D. On March 24, 2011, CCC decided to change the construction cost of the instant subcontract to the OOO, and the construction period from March 25, 201 to April 30, 201, and agreed on the payment method as follows.

6. Payment of the price;

(1) Cash payment: OOO(including value-added tax).

(2) Transfer of claims: OOO(including value-added tax).

* 65% of the amount received by CCC pursuant to Section 3-4(2) of the advance payment and special terms of the construction contract concluded between BBC clubs and CCC shall be the transfer key until the amount of credit reaches the amount of the Plaintiff.

3. Interest costs: The 'CCC' and 'Plaintiff' shall be settled by mutual agreement.

E. On March 24, 2011, CCC sent a written request for consent to the receipt by CCC and the Plaintiff (hereinafter “written request for consent”) in accordance with the instant contract regarding the payment of the instant subcontract price to BB compound, and at the same time notified the Plaintiff of the notice of assignment without a fixed date that 65% of the progress payment will be transferred to the Plaintiff (hereinafter “instant transfer of assignment”). The written request for consent of this case and the notice of the said transfer of assignment became final and conclusive on March 29, 2011.

(f) Method of receiving progress payments;

1. The determination of the progress payment to be received shall be made by agreement between the above parties according to the construction contract concluded between the BBA club and the CCC, and

② Once the progress payment to be received is confirmed, 65% of the amount to be paid at the time of the payment for the progress shall be the Plaintiff’s account, and 35% shall be the CCC account.

F. BBC clubs paid the Plaintiff an aggregate of KRW OO on three occasions from April 201 to September 201 in accordance with the instant written consent and the instant assignment of claims. Meanwhile, the Plaintiff completed the instant construction on May 10, 201.

G. After that, the Defendants, as creditors of CCC, filed a final default on September 30, 201 by CCC, and subsequently, issued a provisional attachment, seizure, and collection order with respect to the claim for construction price under the instant contract (hereinafter “instant provisional attachment, etc.”) as follows.

No.

Date of service

Types

Amount (won)

1

North Northern Northern District Tax Office

Attachment of Claims

OOO

2

DaD

A transferee

October 13, 2011

Transfer of Claims

OOO

3

EE

A transferee

October 13, 2011

Transfer of Claims

OOO

4

FF Kim

A transferee

October 13, 2011

Transfer of Claims

OOO

5

ParkGG

A transferee

October 19, 2011

Transfer of Claims

OOO

6

Credit Guarantee Fund

A transferee

October 25, 2011

Transfer of Claims

OOO

7

( Note)H General Electricity

Provisional Seizure of Claim

OOO

8

Credit Guarantee Fund

Provisional Seizure of Claim

OOO

9

II

Provisional Seizure of Claim

OOO

10

( state)JJ

Provisional Seizure of Claim

OOO

11

KimK

Provisional Seizure of Claim

OOO

12

LL Media (State)

Provisional Seizure of Claim

OOO

13

uM

Provisional Seizure of Claim

OOO

14

( state)N Bank;

Provisional Seizure of Claim

OOO

15

KimP

Provisional Seizure of Claim

OOO

16

Head of Suwon Tax Office

Attachment of Claims

OOO

17

박QQ

Provisional Seizure of Claim

OOO

18

ParkGG

Attachment of Claims

OOO

19

R Kim R

Attachment of Claims

OOO

Total

OOO

H. As above, when the instant provisional attachment, etc. competes, BBC clubs were executed and deposited with the Plaintiff and CCC among the night income on September 17, 2011 and October 201, which was to be distributed to the Plaintiff and CCC.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 9, 21, 22 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, Eul evidence Nos. 1 and 2, defendant Loved's newspaper result, the purport of the whole pleadings

2. The plaintiff's assertion

As provided by the Fair Transactions in Subcontracting Act, the subcontract of this case is entrusted by CCC, the principal contractor, with the manufacture, etc. from BB consortium clubs, the subcontractor, and re-entrusted the Plaintiff, the subcontractor, as the subcontractor, as prescribed by Article 2 of the Subcontract Act.

Article 14 (1) 1, 2, and 4 of the Subcontract Act applies to subcontract transactions. Since the Plaintiff has a right to claim direct payment of the subcontract price of this case against the BB consortium pursuant to Article 14 (1) 1, 2, and 4 of the Subcontract Act, the Plaintiff is entitled to claim direct payment of the subcontract price

3. Determination

A. Relevant provisions

Fair Transactions in Subcontracting Act

Article 2 (Definitions)

(1) The term "subcontract transactions" in this Act means entrustment of the manufacture (including entrustment of processing) by a principal contractor to a subcontractor.

Where entrusting repair, entrustment with construction, or service, or where a principal contractor re-commissions a subcontractor with what he/she has been entrusted with by another business operator, or where the subcontractor who has been entrusted with manufacturing, repair, construction, or service (hereinafter referred to as "subject matter, etc.") manufactures, repairs, constructs, or provides services of what has been entrusted (hereinafter referred to as "subject matter, etc.") to the principal contractor, and delivers, transfers, or provides (hereinafter referred to as "delivery, etc.") them to the principal contractor and receives the consideration thereof (hereinafter referred to as "subcontract consideration").

(2) The term "principal contractor" in this Act means any of the following persons:

1. An entrepreneur other than a small and medium enterprise owner (referring to a person under Article 2 (1) or (3) of the Framework Act on Small and Medium Enterprises, including a small and medium enterprise cooperative under the Small and Medium Enterprise Cooperatives Act; hereinafter the same shall apply), who entrusts a small

2. A small and medium entrepreneur whose annual sales in the immediately preceding business year (in cases of transactions subject to the application of the assessment of execution capability under relevant Acts, referring to the total amount of assessment of execution capability for the relevant year, and where there is no assessment of annual sales or execution capability, referring to the total amount of assets; hereafter the same shall apply in this subparagraph) or ordinary employees are higher than the number of employees of other small and medium entrepreneurs entrusted with manufacturing, etc., and who entrusts other small and medium entrepreneurs with manufacturing, etc.:

(3) The term "contractor" in this Act means a small or medium entrepreneur who is entrusted with manufacturing, etc. by a principal contractor under the subparagraphs of paragraph (2).

(6) The term "entrustment with manufacturing" in this Act means that an entrepreneur engaged in a business falling under any of the following subparagraphs entrusts another entrepreneur with the manufacturing of goods from such business. In such cases, the scope of goods resulting from such business shall be determined and announced by the Fair Trade Commission:

4. Construction.

(9) The term "entrustment with construction" in this Act means that a business operator falling under any of the following subparagraphs (hereinafter referred to as "contractor") entrusts another constructor with all or part of construction works arising from his/her business, or a constructor entrusts another business operator with construction works prescribed by Presidential Decree:

2. A constructor under subparagraph 3 of Article 2 of the Electrical Construction Business Act;

Article 13-2 (Guarantee for Performance of Construction Subcontracts and for Payment of Price)

(1) Where construction is entrusted, a principal contractor shall guarantee the subcontractor for the payment of the contract price in the corresponding amount as classified in the following subparagraphs, and a subcontractor shall guarantee the principal contractor for the performance of contract equivalent to 10/100 of the contract price: Provided, That this shall not apply in cases prescribed by Presidential Decree, where it is not necessary to guarantee the principal contractor in consideration of the financial structure, scale of construction, etc.

Article 14 (Direct Payment of Subcontract Price)

(1) When a cause falling under any of the following subparagraphs occurs, the person ordering shall directly pay the subcontract consideration corresponding to the portion of the manufacture, repair, construction, or service performed by the subcontractor:

1. Where the principal contractor becomes unable to pay the subcontract consideration due to the suspension of payment, bankruptcy or other causes similar thereto, or the permission, authorization, license, registration, etc. of the principal contractor, and the subcontractor requests a direct payment of the subcontract consideration;

2. Where the ordering person, the prime contractor, and the subcontractor agree to pay the subcontract consideration directly to the subcontractor.

4. Where a principal contractor fails to fulfill his/her obligation to guarantee the payment of subcontract consideration under Article 13-2 (1) and the subcontractor requests a direct payment of subcontract consideration;

Enforcement Decree of the Fair Transactions in Subcontracting Act

Article 2 (Scope, etc. of Small and Medium Entrepreneurs)

(4) Any small and medium machine that falls under annual sales prescribed by Presidential Decree in the proviso to Article 2 (2) 2 of the Act.

business entity means any of the following persons:

2. Where construction is entrusted: A small and medium enterprise owner whose execution capacity appraised is less than three billion won; and

B. Determination

In light of the relevant provisions as seen earlier, in order for the Plaintiff to claim direct payment of the subcontract price of this case to the BB consortium club, the ordering person, pursuant to Article 14(1) of the Subcontract Act, the CCC constitutes a "original business operator" as stipulated in each subparagraph of Article 2(2) of the Subcontract Act, and the Plaintiff should be a "contractor" as stipulated in Article 2(3) of the Subcontract Act. The evidence submitted by the Plaintiff alone is not sufficient to recognize that CCC constitutes a principal contractor as stipulated in the Subcontract Act or a subcontractor as stipulated in the Subcontract Act, and there is no other evidence to support it. Thus, the Plaintiff’s above assertion on the premise of this is without merit without

4. Conclusion

Therefore, the plaintiff's claim against the defendants is dismissed in its entirety as it is without merit. It is so decided as per Disposition.