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 January 28, 201, D Co., Ltd. (hereinafter “D”) entered into a two-year contract under an annual contract for long-term construction work, under which the term of construction of the F Center in Gwangju-gu E (hereinafter “instant construction”) is determined as the period of construction from December 27, 2010 to July 20, 201, and the construction cost is KRW 217,176,650 (including value-added tax; hereinafter the same shall apply).

(hereinafter “instant construction contract”). B.

The general conditions and special conditions of the construction contract included in the instant construction contract include the following matters in relation to “transfer of construction price claim” and “the Defendant’s direct payment of the construction price to D subcontractor.”

[General Conditions of the Contract for Construction] section 6 (Assignment of Claim) 1 D may transfer to a third party any claim (right to claim the cost of construction) arising under this contract.

(2) Where it is deemed necessary to perform proper construction works with respect to the assignment of claims pursuant to the provisions of paragraph (1), the defendant may set and operate a special contract that limits the assignment of claims

Article 43 (Direct Payment of Subcontract Price) (1) In case where D falls under any of the following subparagraphs, the defendant shall make the direct payment to the subcontractor by deeming that D has requested the subcontractor for the payment of the price under Articles 39 and 40, with respect to the amount equivalent to the portion executed by the subcontractor from among the subcontract executed under the provisions of relevant Acts and subordinate statutes, such as the Framework

1. Where a judgment against D has been rendered by the subcontractor and a final and conclusive judgment ordering the subcontractor to pay the subcontract price for the portion that he/she performed;

2. Where D cannot pay the subcontract price to the subcontractor due to bankruptcy, dishonor, suspension of business, revocation of license, etc.;

3. Subcontract consideration shall be paid to the subcontractor by D in accordance with the contents of the Fair Transactions in Subcontracting Act or the Framework Act on the Construction Industry; and