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 is a person engaged in construction machinery rental business under the trade name of “B”.

B. On May 30, 2008, the Defendant awarded a contract for the construction work to a company Nam-gu (hereinafter “Gyeongnam-gu”) (hereinafter “Seoul-do”). However, the Gyeongnam-gu subcontracted the interior and metal construction to the Jidung Construction Company, and the tin Corporation subcontracted the construction work to the NAB Urban Environment, respectively.

(hereinafter referred to as the “Jiduk Construction, etc.” in combination with the Jiduk Construction Co., Ltd. and the EsB City Environment.

The Jiduk Construction, etc. leased the equipment, etc. from the Plaintiff to perform the said construction work.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff asserts that the plaintiff is obligated to pay the rent directly to the plaintiff according to Article 35, Paragraph 1, and Paragraph 2 of the Framework Act on the Construction Industry, since the Jiuk Construction, etc. continues to pay the rent, and the construction machinery rental payment guarantee is not issued to the defendant, even though the defendant requested the payment of rent directly to the defendant, the defendant does not pay the rent for the reason that the company is in rehabilitation proceedings.

The Framework Act on the Construction Industry recognizes a subcontractor’s right to direct payment of the subcontract price in certain cases (Article 35(2) of the same Act provides that the project owner may directly pay the subcontract price to the subcontractor, but does not stipulate the duty of the project owner.) The subcontractor as provided in the above Act refers to a person who has been subcontracted construction works from the contractor (Article 2 subparag. 14 of the same Act). The project owner refers to a person who has subcontracted construction works from the contractor (Article 2 subparag. 14 of the same Act). However, the contractor is excluded from a person who subcontracts construction works contracted to the constructor (Article 2 subparag. 10 of the same Act).