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 judgment of the court of first instance is justifiable even if the defendant cited the judgment of the court of first instance examined the newly submitted evidence and the witness I's testimony in consideration of the allegations and reasons supplemented by the court of first instance.

Therefore, the reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance, except for the 6th to 18th of the grounds of the judgment of the court of first instance, since the 6th to 5th of the grounds of the judgment of the court of first instance are as follows. Thus,

2. The Defendant’s assertion that the Defendant’s obligation for the construction cost was extinguished due to a direct payment agreement for the construction cost, and the key issue is the Defendant’s assertion that the Defendant is a member of the joint supply and demand organization (“Defendant, etc.”).

Even if the Plaintiff, the Defendant, and D agree to pay the subcontract price under the instant construction contract directly to the Plaintiff, who is the client, a sewage supplier, even though they are obligated to pay the construction price according to their share of construction cost, so the Fair Transactions in Subcontracting Act (hereinafter “subcontract”) is applicable.

() The Defendant’s obligation to pay the subcontract consideration to the Plaintiff is extinguished pursuant to Article 14(2). The issue is the interpretation of the intent of the parties indicated in the instant agreement, as seen below. In fact, each of the following facts is recognized by either the parties, or by the overall purport of the statement and pleading of evidence No. 5, 9, and No. 1. The fact below is recognized pursuant to the purport of the entire statement and pleading between D, Defendant et al., the ordering person, Defendant et al., the subcontractor, and the Plaintiff et al., the subcontractor, as the subcontractor (hereinafter “instant agreement”).

The main contents of the Committee shall be as follows:

1. Article 35 of the Enforcement Rule of the Framework Act on the Construction Industry Article 29 of the Enforcement Rule of the said Act, Article 14 of the Fair Transactions in Subcontracting Act, and Article 4 of the Enforcement Decree of the said Act before the amendment by Presidential Decree No. 2297, Jul. 21, 2010.