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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the case to be cited as follows. Thus, it is cited in accordance with the main sentence of Article 4
[Supplementary parts] From 5th to 11th day of the 10th day, 5th day below shall be added to the following:
In cases where a subcontractor’s right to demand direct payment has occurred pursuant to Article 14(1) of the Subcontract Act due to the occurrence of the cause for direct payment prescribed by the subparagraphs of Article 14(2) of the same Act, the obligation to pay the prime contractor to the subcontractor and the obligation to pay the prime contractor to the subcontractor are extinguished within the scope thereof; the obligation to pay the prime contractor to the subcontractor is transferred to the subcontractor without maintaining the identity of the obligation to pay the construction price to the prime contractor; and the ordering person may set up against the subcontractor a defense against the prime contractor before the subcontractor’s right to demand direct payment occurred; however, if the subcontractor’s right to demand direct payment occurred after the subcontractor’s right to demand direct payment occurred, the obligation to pay the prime contractor cannot be set up against the subcontractor for the cause arising to the prime contractor (see, e.g., Supreme Court Decisions 2009Da19574, Jun. 10, 201; 2013Da8124, Aug. 27, 2015).