1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

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

Basic Facts

The reasoning for this part of this Court is that the corresponding part of the judgment of the court of first instance is the same as that of the corresponding part of the judgment of the court of first instance.

Plaintiff

The summary of the argument

A. The Plaintiff was awarded a subcontract for the instant construction project by the Defendant from May 2017 to August 2017, and paid KRW 255,298,000 in total with labor cost, material cost, etc. at the instant construction site from May 2017 to August 2017.

After that, the Plaintiff, the Defendant, and C agreed to pay the subcontract price directly to the Plaintiff, and C did not pay the Plaintiff more than twice the subcontract price, and the Plaintiff requested a direct payment of the subcontract price to the Defendant via the instant complaint. As such, the Defendant is obligated to pay the Plaintiff KRW 255,298,000, paid by the Plaintiff pursuant to Article 14(1)2 or 3 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”).

B. Even if a subcontract is not acknowledged between the Plaintiff and C, it may be deemed that a direct contract was concluded between the Plaintiff and the Defendant around May 2017, which the Plaintiff performed the instant construction work. As such, the Defendant is obligated to pay the Plaintiff the said KRW 255,298,000 that the Plaintiff spent pursuant to the said contract.

Judgment

(a) Where a principal contractor entrusts a subcontractor with the manufacture (including the processing; hereinafter the same shall apply), repair, construction, or services, or where a principal contractor re-commissions a subcontractor with what he/she has been entrusted with by another business operator, or where a subcontractor is entrusted with the manufacture, repair, construction, or services, the subcontractor entrusted (hereinafter referred to as "entrustment with the manufacture, etc.") with the manufacture, repair, construction, or service of what has been entrusted (hereinafter referred to as "subject matter, etc.") by the subcontractor;