2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

A. The Plaintiff is a sole proprietor engaged in steel framed and reinforced concrete construction business with the trade name “F” from Busan City E, and the Defendant (hereinafter “Defendant”) is a company engaged in reinforced concrete construction business, building construction business, etc., and the joint Defendant C (hereinafter “C”) of the first instance trial is a golf course development business.

B. On April 20, 2015, the Defendant was awarded a contract for the “K” construction work under the Cheongdo-gun, Cheongdo-gun, Chungcheongnam-do-gun, and on September 14, 2015, the Plaintiff received the contract (hereinafter “instant contract”). On September 14, 2015, the Plaintiff received the contract from the Defendant during the said construction work, setting the steel frame and the board construction work cost of KRW 97.9 million (including value-added tax) and the construction period from September 14, 2015 to October 31, 2015 (hereinafter “instant contract”).

C. The Plaintiff completed the construction work under the instant contract before October 31, 2015, but has not yet been paid KRW 47.9 million out of the construction cost.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1, 2 and 4 (including both virtual numbers), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the unpaid construction cost of KRW 47.9 million and the damages for delay calculated by applying each ratio of 12% per annum as prescribed by the Commercial Act from November 1, 2015 to November 7, 2017, which is the date of the final delivery of the copy of the complaint in this case, from the next day to May 31, 2019, and from the next day to the date of full payment.

3. Judgment on the defendant's assertion

A. 1) The Defendant’s obligation to pay the construction price to the Plaintiff is based on the direct payment agreement between the Plaintiff, the Defendant, and the C, and the Fair Transactions in Subcontracting Act (hereinafter “subcontract Act”).

Since Article 14(1)2 and (2) has ceased to exist, it shall be determined.