A. On October 31, 2012, the Defendant concluded a contract for construction cost of KRW 7.7 billion (including value-added tax; hereinafter the same shall apply) with respect to the East Enterprise Development Co., Ltd. (the trade name was changed to Dong Interest Co., Ltd.; hereinafter “Dong Interest”) and A Corporation (hereinafter “instant Corporation”).

Since then, the construction cost has been changed to KRW 7,310,600,000 through several changes contracts.

B. On February 5, 2013, the Plaintiff and the instant construction works entered into a subcontract of KRW 133,100,000 for the construction cost (hereinafter “instant subcontract”).

C. On October 15, 2013, the Plaintiff, the Defendant, and the Dong He agreed to pay the said subcontract price directly to the Plaintiff (hereinafter “instant direct payment agreement”). D.

After that, the Plaintiff completed the instant subcontract construction work.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 1-1 to 3, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant, who is the ordering person, is obligated to pay the plaintiff the subcontract price of KRW 133,100,000 and damages for delay, in accordance with the direct payment agreement in this case, since the plaintiff, who is the subcontractor, completed construction work under the subcontract in this case

B. The Defendant’s assertion as to the Defendant’s argument bears the obligation to pay directly to the subcontractor within the scope of the construction cost of the instant case. At present, the amount payable to the construction of the instant case is KRW 358,723,271.

On the other hand, the creditors of Dongung-ri, the principal contractor, seized and provisionally seized the claim for the construction price of this case, and the notification was served on the defendant from February 25, 2014 to August 19, 2014, and the defendant agreed to pay the subcontract price directly with multiple subcontractors who received the subcontract for the construction work of this case.