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

A. On December 31, 2012, the Defendant entered into a contract for construction works with the Seongdong Integrated Construction Co., Ltd. (hereinafter “Sewru Construction”) and the construction cost of KRW 74,935,500,000 (including value-added tax; hereinafter the same shall apply) and the construction period of KRW 20 months from the date of actual commencement.

B. The contract for the construction work was finally modified on October 15, 2014 by the construction cost of KRW 77,868,202,02,020, and the construction period of the construction work.

C. On July 11, 2013, the Plaintiff entered into a subcontract agreement for the instant construction project, with respect to Seongdong Construction and the construction cost, KRW 971,025,450, and the construction period from July 11, 2013 to April 30, 2014 (hereinafter “instant subcontract agreement”).

The instant subcontract was changed to the construction price of KRW 1,472,987,240 and the construction period of KRW 1,472,987,240 on two occasions until October 14, 2014.

E. On December 1, 2014, the Seoul Central District Court rendered an application for commencement of rehabilitation proceedings as Seoul Central District Court Decision 2014 Gohap10184.

F. On December 2, 2014, the Plaintiff sent to the Defendant a certificate of content that “the payment of KRW 240,665,739, which was not paid out of the construction price under the instant subcontract, to the Defendant,” and the said certificate reaches the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 4, 5, 8, and 9, the purport of the whole pleadings

2. Determination

A. On the day after the commencement of rehabilitation procedures, the Plaintiff’s assertion by the party concerned satisfies the requirements of Article 14(1)1 of the Fair Transactions in Subcontracting Act by requesting the Defendant, who is the ordering person, to pay the subcontract price directly. As such, the Defendant is obligated to pay the Plaintiff the subcontract price of KRW 240,65,739, and the delay damages payable to the Plaintiff.

As to this, the defendant on December 1, 2014, before receiving a direct claim from the plaintiff.