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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
1..
Reasons
1. The reasoning for the court’s explanation as to this case is as stated in the corresponding part of the judgment of the court of first instance, except for the addition of the judgment on the defendant’s assertion added in the court of first instance to the following paragraph (2). Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the
2. Judgment on the defendant's argument added in the trial of the court
A. Article 14(1)2 of the Fair Transactions in Subcontracting Act provides that a direct payment agreement on October 13, 201 between the Plaintiff, the Defendant’s assertion, and the Defendant and the secondary construction (hereinafter “instant agreement”) constitutes an agreement on the payment of subcontract consideration, and Article 14(2) of the same Act provides that the obligation to pay the subcontract consideration to the subcontractor (referring to the secondary construction in this case) shall be extinguished when the direct payment agreement on the subcontract consideration was reached. As such, upon the conclusion of the instant agreement, the obligation owed to the Plaintiff by the secondary construction, namely, the obligation to pay the rent and the purchase price of the materials, etc., until the agreement was reached.
The defendant asserts to the purport that the first instance court erred in holding that, notwithstanding the agreement of this case, the obligation to pay rent and the price for the purchase and sale of materials against the plaintiff of the non-commercial construction was not extinguished.
In addition, according to the agreement of this case, the Defendant first deposited the rent and the purchase and sale price of materials under the contract of this case to the Plaintiff, which the Defendant agreed to pay directly to the Plaintiff by the Plaintiff’s account. On the other hand, the Defendant and C, the owner of the instant construction, agreed to pay directly all the subcontract price for the instant construction. Accordingly, the agreement between C and the secondary construction is made.