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. The reasoning of the judgment of the court of first instance cited in the instant case is as follows, and the Plaintiff’s assertion added in the appellate court is identical to the ground of the judgment of the court of first instance, except for adding the judgment, which is identical to that of the following paragraph 2. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The third party judgment of the first instance court "130,200,000 won" in the third party judgment of the first instance shall be raised "74,440,00 won".

Part 3 through 20 of the first instance judgment shall be deleted.

In full view of the fifth and seventh classes of the first instance judgment, “A evidence No. 13, which seems consistent with the Plaintiff’s assertion, is difficult to believe that it was prepared by the Plaintiff’s employee, and any other addition is added.

2. Additional determination

A. The gist of the Plaintiff’s assertion added in the appellate court, even if the Defendant was not the party to each of the instant construction contracts, the Defendant constitutes an ordering person under the Fair Transactions in Subcontracting Act (hereinafter “subcontract Act”).

Since C, as the principal contractor, did not pay the construction price to the Plaintiff, which is the subcontractor, and the Plaintiff filed a direct claim for the payment of the construction price with the Defendant, the Defendant, who is the ordering person, is obligated to pay the Plaintiff, who is the subcontractor, the construction price of KRW 520,800,00 and the delay damages directly.

B. The phrase “original business operator” under Article 2(2) of the former Subcontract Act (amended by Act No. 13451, Jul. 24, 2015; hereinafter “former Subcontract Act”) refers to a small and medium business operator, other than a small and medium business proprietor, who entrusts a small and medium business proprietor with manufacturing, etc. ( Subparagraph 1) or a small and medium business proprietor, whose annual sales or regular employees in the immediately preceding business year are more than those of other small and medium business proprietors entrusted with manufacturing, etc., and who are more than those of other small and medium business proprietors.