1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The reasoning for the court’s explanation of this case is as stated in the part of the judgment of the first instance except for the addition of the judgment on the defendant’s argument at the trial by the court below as stated in paragraph (2). Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure

2. Additional determination as to the defendant's assertion

A. Determination 1 on the assertion that Article 14 of the Subcontract Act does not apply to public-interest claims) The summary of the defendant's assertion falls under public-interest claims against the plaintiff's company in light of the plaintiff's claim, and the amount of public-interest claims does not constitute "where the principal contractor is unable to pay the subcontract price" under Article 14 (1) 1 of the Subcontract Act, unlike rehabilitation claims. Therefore, the plaintiff cannot seek a direct payment of the subcontract price claim of this case to the defendant.

(1) Where any cause falling under any of the following subparagraphs occurs, the person ordering shall directly pay the subcontract price corresponding to the portion on which the subcontractor has performed the repair, repair, construction, or service:

1. Cases where the principal contractor becomes unable to pay the subcontract consideration due to the suspension of payment, bankruptcy or other similar causes, or the permission, authorization, license, registration, etc. of the principal contractor, when the subcontractor requests a direct payment of the subcontract consideration.

(4) When a person placing an order directly pays subcontract consideration to the relevant subcontractor pursuant to paragraph (1), the subcontract price already paid by the person placing an order shall be deducted.