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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the judgment of the court of first instance as to the assertion that the plaintiff added to the court of first instance is added to the following "2. Additional Judgment", and as to the argument that the plaintiff added to the court of first instance, "the plaintiff shall be paid KRW 45 million in the balance of the construction cost of the case to the plaintiff," and "the plaintiff shall be paid as a security deposit after the completion of the building of this case" is added to "the plaintiff shall be paid in the balance of the construction cost of this case to the plaintiff," and the ground of the judgment of the court of first instance is identical to the ground of the judgment of the court of first instance, except where "the plaintiff" of the 6th 3th 6th 3th 6th 3
2. The Plaintiff’s additional determination is called the “subcontract” under the Fair Transactions in Subcontracting Act.
In relation to the interpretation of Article 14(2), in addition to the agreement between the ordering person, the prime contractor, and the subcontractor that the ordering person shall pay the subcontractor the subcontract price directly to the subcontractor, it shall be interpreted that the principal contractor’s obligation to pay the subcontractor the subcontract price is extinguished, and that the principal contractor’s obligation to pay the subcontractor the subcontract price is extinguished. Therefore, even if there was a direct payment agreement between D, the principal contractor, the Defendant, and the subcontractor, the subcontractor, in this case, even if D, who is the ordering person, did not pay the subcontract price to the Plaintiff, it shall not be deemed that the Plaintiff’s obligation for the payment of the contract price to the Defendant corresponding thereto was extinguished. In addition, the Subcontract Act on the Right to Demand Direct Payment was amended by Act No. 5816, Feb. 5, 1999, provides that the obligation to pay the principal contractor and the obligation to pay the subcontractor to the subcontractor for the principal contractor shall be extinguished within the scope of the amount actually paid by the ordering person.