A. On September 4, 2009, Defendant Incorporated Incorporated Co., Ltd. (hereinafter “Defendant Incorporated Co., Ltd”) contracted the construction of the Agricultural and Fishery Products Center on the land of Samcheon-si Co., Ltd. (hereinafter “Seoul Incorporated Co., Ltd.”) on September 4, 2009 to KRW 1.3 billion (value added tax) and subcontracted the said construction to the Plaintiff on September 6, 2009 in KRW 200 million.

B. On December 31, 2009, the Plaintiff received a payment order for the payment of KRW 200,000 and the damages for delay for the construction of Samsan Integrated Construction (Seoul District Court Decision 201j360, 200) but did not receive the payment of the construction price from Samsan Comprehensive Construction even though the Plaintiff completed all the civil construction works under the above subcontract.

C. On November 28, 2013, the Plaintiff shall directly pay the subcontract price corresponding to the portion of the manufacture, repair, construction, or service performed by the subcontractor to the Defendant Company (hereinafter “subcontract”) under Article 14(1)1 or 3 of the Fair Transactions in Subcontracting Act (hereinafter “Fair Transactions in Subcontracting Act”), if any of the following events occurs:

1. Where the principal contractor becomes unable to pay the subcontract consideration due to the suspension of payment, bankruptcy or other causes similar thereto, or the permission, authorization, license, registration, etc. of the principal contractor, and the subcontractor requests a direct payment of the subcontract consideration;

3. Where the principal contractor fails to pay to the relevant subcontractor two or more installments of the subcontract price to be paid by the principal contractor pursuant to Article 13(1) or (3), the principal contractor sent content-certified mail stating that the Defendant Company requests the Plaintiff to pay 200 million won of the subcontract price at the time when the subcontractor requests a direct payment of the subcontract price.

[Reasons for Recognition] ① The plaintiff and the defendant