1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Basic Facts

The court's explanation on this part is the same as the corresponding part of the judgment of the court of first instance, and thus cites this part in accordance with the main sentence of Article 420 of the Civil Procedure Act

The Defendants asserted by the parties concerned jointly accepted the obligation of re-subcontract in this case pursuant to Article 4(3) of the Special Conditions of the Subcontract, and the Plaintiffs sought performance against the Defendants.

Therefore, the Defendants, as a contractual party for a third party, have the obligation to perform the obligation to re-subcontract in this case, as they are the assumption of obligation at the time of the joint assumption of obligation.

The Southern Sea did not repay the instant sub-subcontract obligation to the Plaintiffs, and the Plaintiffs requested the Defendants to pay the re-subcontract directly.

Therefore, the Defendants should directly perform the instant re-subcontract obligation to the Plaintiffs pursuant to Article 14(1)3 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract Act”).

Article 4 (3) of the Special Conditions for the Subcontract of this case is merely a concrete specification of the contents of Article 14 (1) of the Subcontract Act, and it is not intended to give separate rights to the plaintiffs who are third parties.

Therefore, this is not a contract for the assumption of obligations or for a third party.

In order for the plaintiffs to exercise their right to direct payment pursuant to Article 14 (1) of the Subcontract Act, the contents, object and amount should be specified and the defendants should be requested to make direct payment.

However, the Plaintiffs did not request the Defendants to pay directly, and even if so requested, the content, object, and amount did not specifically be specified.

Judgment

A contract for a third party of the legal doctrine related to the determination of the claim related to a contract for the joint assumption of the obligation or for a third party means a contract under the name of the contracting party, unlike that the ordinary contract is entered into with the intent to take effect only between the parties.