공사대금
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim and the plaintiff corresponding to the above revocation part.
2. Where the project owner agrees between the project owner, the prime contractor, and the subcontractor to pay the subcontract price directly to the subcontractor;
3. When the subcontractor has requested a direct payment of the subcontract consideration where the principal contractor has failed to pay to the subcontractor two or more installments of the subcontract consideration to be paid by the principal contractor pursuant to Article 13 (1) or (3);
4. Where a principal contractor fails to perform the obligation to guarantee the payment of subcontract consideration under Article 13-2 (1), and the subcontractor requests a direct payment of subcontract consideration.
(4) When a project owner directly pays subcontract consideration to the relevant subcontractor pursuant to paragraph (1), the subcontract price already paid by the project owner to the principal contractor shall be deducted.
** The term "construction works prescribed by Presidential Decree" in Article 2(9) of the Enforcement Decree of the Subcontract Act means any of the following construction works:
1. Minor projects under Article 8 of the Enforcement Decree of the Framework Act on the Construction Industry;
2. Minor construction work under Article 5 of the Enforcement Decree of the Electrical Construction Business Act 2) former Framework Act on the Construction Industry (amended by Act No. 10719, May 24, 2011; hereinafter “Building Industry Act”).
(2) The definitions of terms used in this Act and Article 2 of the Enforcement Decree of the same Act are as follows:
The Minister of Education, Science and Technology (hereinafter referred to as "the Minister of Education, Science and Technology") and the Minister of Education, Science and Technology, < Amended by Act No. 5374, Aug. 28, 1997; Act No. 5916, Apr. 15, 1999;
5. The term "constructor" means a person who runs a construction business by making a registration under this Act or other Acts;
7. The term “project owner” means a person who contracts construction works to constructors;
Provided, That this shall not apply to contractors who subcontract contracted construction works.
Article 35. Subcontract Price