1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment is revoked.

The defendant shall make the plaintiff 3,983.

1. Determination on the cause of the claim

A. The plaintiff 1) is obligated to pay the unpaid construction cost of KRW 49 million and damages for delay, as the plaintiff received and completed the construction work from the defendant.

B) Even if the Plaintiff did not receive the above construction from the Defendant, D Co., Ltd. (hereinafter “D”)

(2) Since the Defendant, the ordering person, has failed to pay the construction cost more than twice even after the completion of the said construction work, the Defendant, as the ordering person, is the Fair Transactions in Subcontracting Act (hereinafter “subcontract Act”).

) Under Article 14(1)3 of the Framework Act on the Construction Industry or Article 35(2)3 of the Framework Act on the Construction Industry, the Defendant is obligated to directly pay the Plaintiff the construction cost of KRW 49 million. (2) The Defendant concluded a construction contract with D with the Plaintiff, and there was no sign of contract with D, and there was no fact that the Defendant guaranteed D’s payment of the subcontract price to the Plaintiff.

B. Facts of recognition 1) The Defendant around January 2016, E Co., Ltd. (hereinafter “E”).

(2) From the perspective of the construction of the Air Force G facilities in the Hamsan-si, the Hamsan-si, the Hamsan-si, the Hamsan-si, the Hamsan-si (hereinafter referred to as the “Hamsan-si Construction”). D’s concrete packaging construction at H regional cycle and inducement around October 2016.

(2) Around September 2017, D re-subcontracted the Plaintiff with construction cost of KRW 992 million, the date of commencement, October 10, 2016, and September 22, 2017, with the date of completion of construction. Around September 2017, D re-subcontracted the instant construction work on the basis of the construction cost of KRW 99 million, the due date of payment, and the last day of November 2017, and the Plaintiff completed the instant construction work on November 2017.

3) On April 19, 2018, the Defendant received construction price of KRW 1.55 billion from E, and remitted KRW 50 million to the Plaintiff’s account designated by D on April 20, 2018. (iv) D as the Defendant and the third obligor on May 28, 2018, and the Defendant paid the construction price from E.