1. The plaintiff's claim is dismissed.

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

Basic Facts

On December 7, 2016, the Defendant entered into a contract for “A” (hereinafter referred to as the “instant construction contract”) with respect to the Marine Corps A’s work by the Defendant, which is the Defendant, with respect to the Marine Corps A’s work, with a white-do, for the total construction cost of KRW 6,515,979,700, and the construction period from December 7, 2016 to August 6, 2018 (hereinafter referred to as “instant construction contract”).

On April 12, 2017, the Plaintiff entered into a subcontract agreement for construction works (hereinafter “instant subcontract agreement”) with respect to the instant construction works among the instant construction contracts, the total construction cost of which is KRW 404,80,000,00 and the construction period from April 12, 2017 to August 1, 2018.

On April 12, 2017, the Plaintiff, the Defendant, as the ordering person, agreed to pay directly to the Plaintiff, who is the subcontractor, the subcontract price for the portion constructed by the Plaintiff based on the instant subcontract.

(hereinafter “instant direct payment agreement.” On May 25, 2017, the Plaintiff filed a claim with the Dae-to- pursuant to the instant subcontract for the payment of KRW 52,553,60 (including value-added tax) for the first time construction cost based on the instant subcontract.

(hereinafter “The claim amount of the subcontracted project in this case”). On November 2017, 2017, the Defendant delayed the progress of the construction project based on the instant construction contract, and the Defendant, as a result of the termination of the instant construction contract and the examination of the weather, was recognized as KRW 664,340,678, and the Plaintiff’s flag altitude as KRW 33,193,134 (including value-added tax).

[Reasons for Recognition] No dispute exists. The plaintiff asserted by the plaintiff as to Gap's evidence Nos. 1 through 3, Eul's evidence Nos. 1 through 6, and the plaintiff's assertion as to the ground for claim as to the purport of the entire pleadings. Thus, according to the subcontract of this case, the defendant is obligated to pay the plaintiff the amount of the subcontract of this case's claim for 52,53,600 won and the delay damages.

The instant direct payment agreement is regardless of the credit standing of the contractor.