1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On April 3, 2017, the Plaintiff entered into a contract with the Defendant to enter into a contract with the term “instant subcontract” (hereinafter referred to as the “instant subcontract”) stipulating the contract amount of KRW 170,000,000 (excluding value-added tax) and the construction period from April 3, 2017 to July 30, 2017, among the construction works of multi-family housing located in the Busan Young-gu, Do-gu, Busan (hereinafter “instant construction works”).

On October 10, 2017, the Plaintiff and the Defendant concluded a contract to increase the contract amount of the instant subcontract to KRW 180,000,000 (excluding value-added tax) and to extend the deadline for completion to October 30, 2017.

B. On the other hand, around April 25, 2017, the Plaintiff, the Defendant, and D, the ordering person, drafted a direct payment agreement (direct payment) of the subcontract price (hereinafter “instant direct payment agreement”) with respect to the instant subcontract as follows. A direct payment agreement of the subcontract price (direct payment).

1.In the subcontract between the contractor and the subcontractor under the above contract of construction work, the subcontract price is agreed to be paid directly to the subcontractor in accordance with Article 35 of the Framework Act on the Construction Industry, Article 29 of the Enforcement Rule of the same Act, Article 14 of the Fair Transactions in Subcontracting Act and Article 4

2. Method and procedure for direct payment of the subcontract price - In principle, an application shall be filed by classifying the details of the portion executed by the subcontractor and a request for the payment of the subcontract price shall be made separately at the time of the inspection of the origin and completion, and in extenuating circumstances, a contractor may file a lump sum application and request

b. The deposit account (the statement of the plaintiff's deposit account) - The obligation to pay the price to the contractor and the obligation to pay the subcontract price to the subcontractor to the contractor shall be deemed to be extinguished within the scope of the contract under the provisions of Article 14 of the Fair Transactions in Subcontracting Act.

C. The Plaintiff completed the instant construction work within the agreed period.