1. The plaintiff's appeal and the claim added in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

1. The plaintiff's assertion

A. On March 25, 2017, the Plaintiff concluded a contract with the Defendant for part of the construction cost of the construction work for the construction of neighborhood living facilities on the Busan Jung-gu C site (hereinafter “instant construction work”) at KRW 69,300,000, and completed the construction work on July 8, 2017. Since the Defendant did not pay KRW 26,227,000 out of the said construction cost, the Defendant is obligated to pay the remaining construction cost and damages for delay to the Plaintiff.

B. D Co., Ltd. (hereinafter “D”) awarded a contract for the instant construction work amounting to KRW 335,00,000 by the Defendant and awarded a subcontract for part thereof to the Plaintiff. However, the remaining construction cost is not paid KRW 26,227,00 on the ground that D was not paid the construction cost from the Defendant. Therefore, the Defendant, the ordering person, is liable to directly pay the Plaintiff, the subcontractor, who is the subcontractor, pursuant to Article 14 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”).

2. Determination

A. As to the assertion of the claim for construction cost based on the contract agreement, each statement of evidence Nos. 1 (including paper numbers) through 3 is insufficient to acknowledge the fact that the Plaintiff received a contract for the instant construction work directly from the Defendant, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's above assertion is without merit.

B. Where a subcontractor requests a direct payment of the subcontract price to the ordering person on the grounds of a direct payment claim as stipulated under Article 14 of the Subcontract Act, the ordering person shall bear the obligation to pay the subcontract price directly to the subcontractor, unless there are special circumstances, the ordering person shall be liable to pay the said subcontract price only to the extent of the obligation to pay the contract price to the principal contractor.

Supreme Court Decision 2008Da21303 Decided July 9, 2009