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. The Plaintiff was awarded a contract with C for a construction work inside the Ewa Holdings building located in Thai-gun D (hereinafter “instant construction”) at KRW 18 million.

B. After completion of the instant construction project, the Plaintiff received KRW 8 million, which is part of the construction price, from the said C.

C. On September 5, 2014, the aforementioned C drafted a payment note stating that “The Defendant, a debtor of his own, must pay to the Plaintiff the unpaid construction cost of KRW 10 million.”

(hereinafter referred to as “instant payment rejection”). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence No. 1, and the purport of the whole pleadings.

2. The parties' assertion

A. The plaintiff's assertion that the defendant approved the letter of payment in this case through F, which is the defendant's representative, agreed to pay the unpaid construction cost in direct payment. The agreement in this case constitutes a direct payment agreement under Article 14 (1) 2 of the Fair Transactions in Subcontracting Act (hereinafter "subcontract"). Thus, the defendant is obligated to pay KRW 10 million to the plaintiff.

B. The defendant's assertion that the defendant did not grant the above F the power of attorney to prepare the letter of payment in this case. Thus, the above payment agreement under the above letter of payment is invalid.

The letter of such payment shall be valid.

However, the above direct payment agreement is limited to the condition that there is money to be paid even after offsetting C’s claim for the construction cost against C and the Defendant’s claim against C, and the unpaid construction cost claim against C under the above payment angle was set off against C and terminated in entirety.

3. Determination

A. In full view of the evidence No. 1, evidence No. 4, evidence No. 5, and evidence No. 5, as to the cause of the claim, as a whole, the testimony and the entire purport of testimony and pleading by the witness of the first instance trial, the F representing the Plaintiff, C, and the Defendant is below the agreement to pay the Plaintiff directly, if the Defendant had not paid the unpaid construction cost to C on September 5, 2014.