1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Basic facts

A. The Plaintiff is a person who runs a building business under the trade name of “D”, and B is a person who runs a building business under the trade name of “E”, and the Defendant is an owner of the building of two above ground warehouses in Ansan-si (hereinafter “instant building”).

B. On January 20, 2016, the Plaintiff completed the instant subcontract (hereinafter “instant subcontract”) with construction cost of KRW 85,500,000 from B, and the instant building was approved for use on March 10, 2016.

C. The Plaintiff was paid KRW 41,000,000 among the construction cost.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties’ assertion 1) The Plaintiff entered into the instant subcontract with the Plaintiff upon introduction, and carried out construction works. The Plaintiff urged the Plaintiff to pay the progress payment to B and G (the Defendant’s relative) representing the Defendant who did not receive the progress payment. B and G agreed to pay the construction payment upon completion of the building.

Therefore, the defendant is jointly and severally liable to pay the plaintiff 4,500,000 won and damages for delay payable to the plaintiff pursuant to the above agreement.

B) The Defendant is the Fair Transactions in Subcontracting Act (hereinafter “subcontract”).

(2) Although the Plaintiff requested a direct payment of the subcontract price of this case to the Defendant, the Defendant paid it to B in violation of Article 14(1) of the Subcontract Act. Therefore, the Defendant jointly with B is liable to pay the Plaintiff the unpaid amount of KRW 44,500,000 and damages for delay thereof during the subcontract price of this case. (2) The Defendant did not conclude a contract with the Plaintiff for the steel structure and the board construction of the building of this case, and there was no fact that the Defendant concluded a direct payment agreement with the Plaintiff.

In addition, the defendant shall pay the construction cost under the above construction contract to B.