1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On December 12, 2013, the Plaintiff entered into a subcontract (hereinafter referred to as “instant subcontract”) with the Defendant with respect to the construction works among the construction works of the Gaba General Construction Co., Ltd. (hereinafter referred to as “the instant construction works”) that the Defendant received from the Onnuri Plus Co., Ltd. (hereinafter “Nlus”), with respect to the Plaintiff’s urban living housing (Bdong) from the Gaba-gun Corporation (hereinafter “Nlus”). From December 12, 2013 to April 30, 2014, the construction period is from December 12, 2013 to April 30, 2014; the construction amount is KRW 203,000,000 (hereinafter “instant subcontract”).

B. Meanwhile, the Plaintiff, the Defendant, and the On the other hand, agreed that, on December 12, 2013, Article 35 of the Framework Act on the Construction Industry, Article 29 of the Enforcement Rule of the same Act, and Article 14 of the former Fair Transactions in Subcontracting Act (amended by Act No. 12709, May 28, 2014; hereinafter “former Subcontract Act”) shall pay the said subcontract price directly to the Plaintiff, and accordingly, the Defendant’s obligation to pay the subcontract price to the Plaintiff is extinguished within the said scope.

C. On November 30, 2014, Onnuri Plus filed a written confirmation with the Plaintiff that KRW 52,000,000 of the subcontract price should be paid directly by December 20, 2014. D.

On March 4, 2015, the Plaintiff and Onnuri Puler agreed to set the balance of the above subcontract price as KRW 120,000,000, and KRW 68,000 among them agreed to accord and pay KRW 203 to the Plaintiff in lieu of Article 102-dong Building A (hereinafter “A Urban Community Housing B” at the time of the instant subcontract) (However, the Plaintiff decided to accept the Plaintiff’s loan obligations against the creditor North Korea Saemaul Community Depository with the said house as collateral), the remainder of KRW 52,00,000,000 to the Plaintiff.

E. On March 5, 2015, Onnuri Plus shall pay 180,000,000 won for the supply of No. 102 and No. 203 of the above A building between the Plaintiff and the Plaintiff in accordance with the above agreement.