1. The Defendant’s KRW 137,061,980 for the Plaintiff and KRW 5% per annum from May 26, 2012 to November 2, 2012, and the Plaintiff.

1. Determination as to the cause of claim

A. On August 26, 2010, the fact of recognition (1) Special Construction Co., Ltd., Ltd. (hereinafter “Special Construction”) was awarded a contract with the Defendant for the Construction of Special Facilities for the Marine Corps, the Incheon Military Forces, and the Construction of Special Facilities for the Marine Corps (hereinafter “instant Construction”).

On August 15, 2010 to February 2, 2012, the term of the contract of the instant construction project, which is the name of the contractor, entered into a direct payment agreement (hereinafter “instant agreement”) with the Defendant and the vice-master with the following content: (a) the Plaintiff, who manufactures and sells ready-mixeds, from January 1, 201 to February 2, 2012, was supplied with the contractor’s vice-contractor (2) with respect to the instant construction project; (b) on June 29, 2011, prepared a direct payment agreement (hereinafter “instant agreement”) with the Plaintiff and the vice-master with respect to the instant construction.

1. In the subcontract between the said contractor and the subcontractor (Plaintiff), agreement between the ordering person (Defendant), the contractor, and the subcontractor (Plaintiff) on the subcontract price corresponding to the portion executed by the subcontractor under Article 35 (2) of the Framework Act on the Construction Industry shall be reached, pursuant to Article 35 (2) of the Framework Act on the Construction Industry;

2. The method and procedure for direct payment of the subcontract consideration shall be as follows: The contractor shall apply for the classification of the details of the portion executed by the subcontractor at the time of the completion inspection and completion inspection, and shall also apply for the request for payment of the subcontract consideration separately, and the project owner shall pay the subcontractor the subcontract consideration directly to the following account:

(3) After the instant agreement, the Plaintiff supplied ready-mixeds to be used at the construction site of the instant construction, from November 17, 201 to 17, 201. However, the Plaintiff supplied such ready-mixeds as KRW 137,061,980 (i.e., August 8, 2011, KRW 72,343,150, Sept. 16, 2011, KRW 816,800, Oct. 38, 2011.