A. Mine-A Co., Ltd. (hereinafter referred to as “luminous”) was awarded a subcontract from the Defendant during the period from May 18, 2015 to August 31, 2015, for the maintenance and repair work of facilities among the interior remodeling work of oriental medical hospitals affiliated with the 21st Incheon Jung-gu University (hereinafter referred to as “Gwancheon-gu”) and the construction period from May 18, 2015 to August 31, 2015.

B. Around May 2015, the Plaintiff received re-subcontracts with the construction cost of KRW 188,100,000 (including value-added tax and the amount to be paid according to the base height), and the construction period from May 21, 2015 to August 24, 2015.

(hereinafter referred to as “instant sub-subcontract”) C.

The Plaintiff started construction in accordance with the re-subcontract of this case, and, until July 22, 2015, the Plaintiff paid the Plaintiff KRW 63,000,000 in total as the construction price.

Since then, the Plaintiff suspended the construction work in this case, if the Plaintiff did not pay the construction cost any longer.

On August 20, 2015, the Defendant directly paid KRW 20,000,00 to the Plaintiff as construction price, and around August 21, 2015, the Defendant agreed to pay the Plaintiff the construction price under the re-subcontract as indicated below (hereinafter “instant direct payment agreement”).

From May 12, 2015 to August 31, 2015, the term of contract of KRW 876,000,000 (including value-added tax) contract for remodeling works at a Gacheon-ro Hospital Hospital annexed to the name of the original contract, the original contractor for the Plaintiff’s subcontractor’s direct payment (direct payment) for the contract amount of KRW 188,100,000 (including value-added tax) for the first contract amount of machinery and equipment works (excluding the cost of equipment) under the subcontract contract (excluding the cost of equipment) from May 12, 2015 to August 24, 2015.

1.In the subcontract between contractors and subcontractors under the above contract of construction work, the subcontract price shall be in accordance with Article 35 of the Framework Act on the Construction Industry.