A. On July 2017, the Plaintiff entered into a contract with the Defendant to accept the 145,800,000 won of the construction cost among the new construction works of the Busan East-gu C Multi-household Housing (hereinafter “instant subcontract”).

B. While the Plaintiff had been implementing a considerable part of the subcontracted project of this case, the Plaintiff discontinued construction work without receiving the construction cost properly from the Defendant.

C. Accordingly, on September 20, 2017, the Plaintiff, the Defendant, and B agreed to pay the subcontract price to the Plaintiff directly pursuant to Article 35(2) of the Framework Act on the Construction Industry (hereinafter “instant agreement”), and the Plaintiff completed the instant subcontracted work.

The Plaintiff directly received KRW 10,00,000 from the Defendant and received KRW 80,000,000 from B according to the agreement of this case, and received KRW 90,000,000 out of the subcontract price of this case.

【Reason for Recognition】 Each entry of Evidence Nos. 1 through 4, and the purport of the whole pleadings

2. Determination:

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the remainder of KRW 5,800,000,000 after deducting the Plaintiff’s payment of KRW 90,000,00 from the construction cost of the subcontracted project in this case, barring special circumstances.

B. The defendant's assertion: (1) the defendant paid additional KRW 5,00,000, in addition to the above KRW 90,000,000, where the plaintiff is the person who has received the construction price, and (2) after the agreement of this case, Eul, the ordering person, excluded the defendant and let the plaintiff directly execute the remaining construction work; and (3) the claim amount of this case constitutes the direct construction cost under the above B, but it is argued that each of the above arguments is recognized.