For the same reason, it is accepted by the main sentence of Article 420 of the Civil Procedure Act as it is.

2. Determination:

A. Unless there exist special circumstances, the Defendant is obligated to pay the unpaid construction price to the Plaintiff.

B. Determination 1 on the Defendant’s assertion (the claim that the obligation to pay the construction price becomes extinct due to the exercise of a direct claim) (1) The Plaintiff, the subcontractor of the Defendant, filed a claim for the instant construction price directly against the Plaintiff, the ordering person, based on Article 14(1)1 and 3 of the Fair Transactions in Subcontracting Act, in the relevant case. Accordingly, the Defendant’s obligation to pay the construction price of this case extinguished pursuant to Article 14(2) of the same Act. (2) relevant provisions and legal principles [2] related to the Fair Transactions in Subcontracting Act (amended by Act No. 12709, May 28, 2014)] ① The ordering person should pay directly the subcontractor the subcontract price corresponding to the portion of the manufacture, repair, construction, or service performed by the subcontractor if any of the following causes occurs:

1. Where the principal contractor is unable to pay the subcontract price 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 price;

3. Where a principal contractor has failed to pay to the relevant subcontractor two or more installments of the subcontract consideration to be paid by the principal contractor under Article 13 (1) or (3), and the subcontractor has requested a direct payment of the subcontract consideration.