1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On January 26, 2017, the Defendant, C, and D (hereinafter “Defendant, etc.”) entered into a contract with “F” for the construction and sale of officetels located in Gwanak-gu in Seoul Special Metropolitan City for the construction and sale of the said officetels to G Co., Ltd. (hereinafter “G”) for the construction cost of KRW 2,895,200,000.

B. G subcontracted to H Co., Ltd. (hereinafter “H”) construction costs of KRW 544,500,00 for installation of facilities and fire fighting, etc. during the foregoing construction. H re-subcontracted the installation of cooling-only facilities and fire fighting, etc. (hereinafter “instant construction”).

C. Around March 2018, the Plaintiff suspended construction works as it was not paid with the price of crypted by H, but supplied the Defendant, etc. with air conditioners, etc. on or around June 2018, and received KRW 22 million from the Defendant, etc. on June 11, 2018.

Meanwhile, from March 3, 2017 to April 2, 2018, the Defendant, etc. paid KRW 2,895,200,000 for the construction cost of the instant officetel and KRW 174,370,700 for the additional construction cost due to a design change, etc.

The Defendant, etc., who failed to complete the instant construction project by February 28, 2018, the completion date of the G completion date, and failed to pay the price for the already received performance to the subcontractor, upon completion of the construction project in accordance with the terms and conditions of the contract concluded with G on March 2018, agreed to pay the subcontract price to be paid by G on behalf of the Defendant, etc., and received authentication.

According to the above direct payment agreement, the Defendant, etc. paid KRW 547,088,30 to the subcontractor from April 10, 2018 to June 20, 2018.

In addition, the defendant et al. entered into a direct contract with the subcontractor for the remaining construction works that G has failed to comply with, and paid KRW 406,467,030 as the construction price.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 6, 7, Eul evidence 1 to 5, and 9 (which include a serial number; hereinafter the same shall apply) respectively.