A. On March 29, 2017, the Plaintiff entered into a subcontract with C Co., Ltd. (hereinafter “C”) on which the contract amount was KRW 665,500,000 (including value-added tax) with respect to the household construction among the “new building construction works on the D ground in Ulsan-gu Seoul Metropolitan City” (hereinafter “instant construction works”).

B. On June 5, 2017, the Plaintiff, C, and the Defendant drafted a direct payment agreement for subcontract consideration (hereinafter “instant direct payment agreement”) with the following contents.

이 사건 직불합의서 ◎ 원도급 계약사항: 피고의 E건물 신축공사 ◎ 하도급 계약사항: 공사명 - 이 사건 공사 직불요청금액 - 665,500,000원(부가가치세 포함) 원수급인 - C 하수급인 - 원고

1. The ordering person agrees to pay directly to the subcontractor the subcontract price corresponding to the portion executed by the subcontractor in the subcontract between the original contractor and subcontractor under the above construction contract, Article 35 of the Framework Act on the Construction Industry, Article 29 of the Enforcement Rule of the same Act, Article 14 of the Fair Transactions in Subcontracting Act and Article 4 of the Enforcement Decree

2. A person ordering the scope of the direct payment of the subcontract price may pay the subcontract price directly to the subcontractor within the limit of the amount of the original contractor's ability to pay it to the original contractor;

3. In principle, the original contractor shall apply for the method and procedure for direct payment of the subcontract consideration and for the inspection of completed parts by classifying the details of the subcontractor's execution and request for the payment of the subcontract consideration separately. In inevitable cases, the original contractor may apply for a lump sum and request, but the ordering person shall pay the subcontract consideration directly to the account of the subcontractor below.

(Omission of Account Number Statement)

5. The obligation to pay the price to the original contractor, and the obligation to pay the subcontract price to the subcontractor by the original contractor, shall be within the scope mentioned above, in accordance with Article 14 of the Fair Transactions in Subcontracting Act;