1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On September 28, 2011, the Defendant entered into a contract with Nonparty B Co., Ltd. (hereinafter “Seoul Central District Court Decision 2012Nu116, Jul. 3, 2012”); on April 16, 2014, the Defendant was declared bankrupt by Seoul Central District Court Decision 2014Hahap63, Apr. 16, 2014; hereinafter “Nonindicted Company”) for construction period of construction between September 28, 2011 and October 15, 2013; the construction cost of construction amount of KRW 81,871,290,000 (hereinafter “instant construction work”) (i.e., increase of KRW 87,04,619,000). The Plaintiff supplied the instant construction work to Nonparty D Co., Ltd. in relation to the instant construction work.

B. On May 10, 2012, the Plaintiff agreed to provide a direct payment agreement (hereinafter “instant agreement”) with the Defendant and the non-party company regarding the following subcontract price (hereinafter “the instant agreement”). According to the instant agreement, the Plaintiff was directly paid KRW 4,74,235,617, out of the total contract amount of KRW 5,013,586,540 (including value-added tax; hereinafter the same shall apply) supplied from the Defendant to the non-party company from May 3, 2012 to September 12, 2012. The Plaintiff was paid KRW 4,74,235,617, among the total contract amount of KRW 5,74,235,617 (including value-added tax; hereinafter the same shall apply) to the non-party company’s delivery contract amount of KRW 87,04,619,000,000 from September 28, 2011 to KRW 30,5300.5.

1. The project owner shall directly make the subcontract price corresponding to the portion which the subcontractor has constructed in the subcontract between the said contractor and the subcontractor, in accordance with Article 14 of the Fair Transactions in Subcontracting Act and Article 35 of the Framework Act on the Construction Industry;