A. Defendant B Co., Ltd. (former trade name: D; hereinafter “Defendant B”) contracted for KRW 46,023,90,000 of the construction cost of the construction of the construction of the F-Housing in Permitted Housing from E Co., Ltd. on December 2015. Defendant B subcontracted to Defendant C Co., Ltd. (hereinafter “Defendant C”) on June 1, 2016 the construction cost of the construction of the said new housing in KRW 1,902,30,000 of the construction cost of the said new housing, and Defendant C subcontracted the construction of the household facilities (hereinafter “instant construction”) among the said construction works to the Plaintiff on June 20, 2016.

B. On January 23, 2017, the Plaintiff entered into an agreement with Defendant C on the settlement of construction cost (hereinafter “instant agreement”) with the content that the total construction cost of the instant construction is KRW 715,00,000,00, and the additional amount of the fee of the sn beam beam (30,000/ton) was separate settlement of accounts (hereinafter “instant agreement”).

C. Meanwhile, on the other hand, on February 28, 2017, the Plaintiff transferred to G the claim equivalent to KRW 52 million among the claim for the settlement of accounts against Defendant C pursuant to the instant agreement, and on March 2, 2017, the said G notified the Defendant C of the said contents. Defendant C paid KRW 10 million to the said G on March 10, 2017 and KRW 42 million on April 10, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 5, 6, 15, and the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. Defendant B, as an ordering person, is obligated to pay the construction cost under the instant agreement that Defendant C, the principal contractor, was not paid to the Plaintiff pursuant to Article 14(1)4 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”).

B. The case where the principal contractor fails to perform his/her obligation to guarantee the payment of the subcontract price and the subcontractor requests a direct payment of the subcontract price, Article 14(1)4 of the Subcontract Act.