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. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing this as it is in accordance with the main sentence of Article 420 of the Civil

2. Summary of the parties’ assertion

A. The gist of the Plaintiff’s assertion was that the Plaintiff was not paid the instant subcontract consideration from Ulsan Comprehensive Construction even though all construction works and additional construction works under the instant subcontract were completed.

Therefore, Article 14(1)1 and 3 of the Subcontract Act (Direct Payment of Subcontract Price) (1) where any of the following causes occurs to the Defendant, who is a contractor for the new construction of this case, the Plaintiff shall directly pay the subcontractor the subcontract price corresponding to the portion of the manufacture, repair, construction, or service performance, if the subcontractor falls under any of the following:

1. Where the principal contractor becomes unable to pay the subcontract consideration due to the suspension of payment, bankruptcy or other causes similar thereto, or the permission, authorization, license, registration, etc. of the principal contractor, and the subcontractor requests a direct payment of the subcontract consideration;

3. Where a principal contractor has failed to pay to the relevant subcontractor two or more installments of the subcontract consideration to be paid by the principal contractor under Article 13 (1) or (3), and the subcontractor has requested a direct payment of the subcontract consideration, or Article 35 (2) 3 and 4 of the Framework Act on the Construction Industry. Article 35 (2) 3 and 4 of the Framework Act on the Construction Industry.

3. Where the contractor delays the payment of the subcontract price referred to in Article 34 (1) on at least two occasions and the subcontractor requests a direct payment of the subcontract price to the project owner;

4. Suspension of payment, bankruptcy, and other similar cases of a contractor;