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.

1. Basic facts

A. On December 1, 2016, the Defendant: (a) subcontracted to D reinforced concrete construction works among the new construction works of Seo-gu Neighborhood living facilities in Gwangju (hereinafter “instant construction works”); (b) the Defendant entered into an agreement on reinforced concrete construction works (hereinafter “instant subcontract”) with the content that the Defendant would pay D the remaining amount after directly paying all materials, equipment costs, wages, and decoration for the instant construction works.

At the bottom of the instant subcontract agreement, the term “transfer account” is indicated as “F Gwangju Bank A”.

B. At the time of entering into the instant subcontract, D re-subcontracted the instant construction work to the Plaintiff at KRW 211,200,000 (per unit price of KRW 480,000).

(hereinafter referred to as “instant sub-subcontract”). (c)

The Plaintiff’s Gwangju Bank account entered at the bottom of the instant subcontract was remitted KRW 100 million from the Defendant’s name on January 26, 2017, and KRW 60 million on February 28, 2017, respectively. The Defendant’s actual operator C’s account was remitted to KRW 20 million on April 25, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1, Gap evidence 1, Gap witness C, Eul's testimony, the purport of the whole pleadings

2. The parties' assertion

A. At the time of concluding the instant subcontract, the Defendant agreed to pay the instant subcontract price directly to the Plaintiff at the time of concluding the said subcontract.

Therefore, the defendant is liable to pay the remainder of the subcontract price of this case to the plaintiff.

B. The Defendant’s assertion that the Plaintiff 1 made no direct payment agreement.

The Defendant did not know who the Plaintiff was at the time of the instant subcontract. However, if D deposits the instant subcontract price into one’s account, it can be seized, and thus, the instant subcontract price is deposited into the Plaintiff’s account under the name of the Plaintiff.