1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. D Co., Ltd. (hereinafter referred to as “Nonindicted Company”) contracted the construction of each building in the Jeonnam-gun Ethy area from the Defendants to the Plaintiff on May 20, 2014, and subcontracted the part of the retaining wall construction (hereinafter “instant construction”) to the Plaintiff for construction cost of KRW 103,400,000.

B. The Plaintiff completed the instant construction.

[Reasons for Recognition] Gap evidence Nos. 1, 2, and 3 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion did not receive 68,630,000 won out of the construction price of this case from the non-party company. The defendants have to pay directly to the subcontractor the subcontract price corresponding to the portion of the manufacture, repair, construction, or service performed by the non-party company under Article 14 (1) of the Fair Transactions in Subcontracting Act (hereinafter "subcontract Act") for the following reasons.

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

2. Where the ordering person, the prime contractor, and the subcontractor agree to pay the subcontract price directly to the subcontractor.

4. Where a principal contractor fails to perform his/her obligation to guarantee the payment of subcontract consideration under Article 13-2 (1) or (2), the principal contractor is obligated to pay the unpaid contract consideration directly to the Plaintiff at the time when the subcontractor requests a direct payment of subcontract consideration.

1. The Defendants shall provide subcontract consideration, such as preparing a written consent and written consent.