1. The Defendant’s KRW 69,95,282 as well as the Plaintiff’s KRW 20% per annum from January 14, 2015 to September 30, 2015.

1. Basic facts

A. The Plaintiff is a small-scale building business operator, and the Defendant was awarded a subcontract for part of reinforced concrete construction among B apartment construction works from Han Heavy Industries Co., Ltd.

B. Around September 2013, the Plaintiff and the Defendant entered into a contract with the Defendant for the construction works related to the subcontracting, and the Plaintiff entered into the said construction works from August 2013 to December 2014.

C. On November 12, 2014, the Defendant consented to the Plaintiff’s direct payment of the wages of KRW 67,995,282 at the construction site of the structural frame from Hanjin Industries Co., Ltd., and the remainder of KRW 30,000,000, the Defendant and Hanjin Heavy Industries Co., Ltd. prepared a rectangular letter (Evidence A 3) with the purport that the Defendant and Hanjin Heavy Industries will pay the wages of KRW 2,00,000 at the construction site of the structural frame to the Plaintiff. On the same day, the Defendant drafted a rectangular letter (Evidence A 4) with the purport that the Defendant consents to the Plaintiff to the direct payment of the wages of KRW 2 million at the construction site of the structural structure from Hanjin Heavy Industries Co

(hereinafter referred to as the “written rejection of the above direct refusal”) D. D.

The Korea Heavy Industries Co., Ltd. or the Defendant did not pay the construction price to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. According to the above findings of the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 69,995,282, and the delay damages therefrom, unless there are special circumstances.

B. As to the Defendant’s assertion 1), the Defendant reached the Hanjin Heavy Industries Co., Ltd., Ltd., the Fair Transactions in Subcontracting Act (hereinafter “subcontract”).

Accordingly, the plaintiff's claim for the construction price against the defendant is asserted to the effect that the defendant's obligation for the construction price was extinguished due to the occurrence of the direct payment claim against the Hanjin Heavy Industries Co., Ltd.

The plaintiff, the plaintiff and the plaintiff.