A. The Defendant is the “person ordering” as stipulated by the Fair Transactions in Subcontracting Act (hereinafter “subcontract”) with respect to the construction work on the “D hotel” (hereinafter “D hotel construction work”).

A Co., Ltd. E (hereinafter referred to as “E”) is a contractor under the Subcontract Act who was awarded a contract with the Defendant for a “steging, indoor decoration, and interior construction” (hereinafter referred to as “contract construction”) among the instant prime construction works, and the Plaintiff is a subcontractor under the Subcontract Act who was awarded a subcontract for completion cleaning services (hereinafter referred to as “construction cleaning services”) from the non-party company.

B. On January 2018, the Plaintiff and Nonparty Company entered into a subcontract with construction cost of KRW 44,800,000 (excluding value-added tax) with respect to completion cleaning services, and the Plaintiff completed all of them on February 13, 2018.

C. On March 24, 2018, Nonparty Company filed an application for rehabilitation with the Seoul Rehabilitation Court 2018 Gohap10059, and the said court issued and announced the general prohibition order on March 28, 2018.

On April 20, 2018, the non-party company withdrawn the application for rehabilitation on April 20, and the above court rendered a decision to permit the withdrawal of the application for rehabilitation on April 23, 2018.

On the other hand, on May 3, 2018, the suspension of check account transactions with the non-party company was made.

On April 4, 2018, the Plaintiff sent a request for direct payment of KRW 44,800,000 to the Defendant by content-certified mail, based on Article 14(1) of the Subcontract Act, when the Nonparty Company led to rehabilitation procedures, and the said content-certified mail sent to the Defendant on April 5, 2018.

E. The Defendant’s contract price for the unpaid construction work for the non-party company remains in KRW 125,466,00.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8 (including each number), witness F's testimony, purport of whole pleadings

2. Determination as to the cause of action

A. The subcontract on the completion cleaning service that the Plaintiff and the non-party company entered into is obligated to pay the subcontract price under the Subcontract Act is stipulated under Article 2 of the Subcontract Act.