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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
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Reasons
According to the overall purport of Gap evidence Nos. 1 through 4 and the argument as to the cause of the claim, the plaintiff engaged in the sales business of building materials, etc., around September 2018, the plaintiff prepared an agreement (Evidence No. 1; hereinafter referred to as "written consent to direct payment in this case") that the defendant would directly pay the price for the goods supplied by the plaintiff to the non-party C to the non-party C to the plaintiff. Accordingly, the plaintiff supplied 18,378,052 won in total over 47 times from September 11, 2018 to November 6, 2018 (Evidence No. 4) that the plaintiff supplied 32,025 won to the non-party F on October 4, 2018, including the price for the goods supplied to the non-party C to the non-party 519,519,708 won and the price for the goods supplied to the non-party F on October 27, 2018 (the same shall apply).
The fact that considerable material has been supplied to the defendant may be recognized.
On the other hand, on September 21, 2018, the Plaintiff was paid KRW 5,748,930 out of the amount of goods for September from the Defendant.
According to the above facts, the defendant is obligated to pay to the plaintiff the amount of 12,629,122 won (=18,378,052 won - 5,748,930 won) and delay damages.
As to the defendant's assertion, etc., the defendant asserted that the non-party D representative who is the subcontractor in this case's written consent of the defendant in the first instance court that the non-party D representative has no validity without the defendant's creditor's consent in the written consent of the non-party D's direct payment of the position in this case. However, the defendant changed his claim that the non-party D representative has no validity
Article 35 (Direct Payment of Subcontract Price) (2) 1 of the Framework Act on the Construction Industry shall be directly paid to the subcontractor the subcontract price corresponding to the portion executed by the subcontractor in any of the following cases:
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