The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1.(a)

Article 13-2(1) main text of the former Fair Transactions in Subcontracting Act (amended by Act No. 14456, Dec. 20, 2016; hereinafter “subcontract”) provides that in cases of construction, the principal contractor shall guarantee the subcontractor to pay the construction price within 30 days from the date of conclusion of the contract and the subcontractor shall guarantee the principal contractor to perform the contract equivalent to 10/100 of the contract price. The main text of Article 13-2(8) of the Subcontract Act provides that the principal contractor’s right to claim against the subcontractor to guarantee the performance of the contract by the subcontractor under paragraph (1) shall not be exercised unless the principal contractor guarantees the payment of the contract price.

In addition, the main sentence of Article 13-2(1) of the Subcontract Act provides that the period of guarantee for each payment of the subcontract price shall be until the due date if the means of payment is a bill, and if the means of payment are a bill substitution means, the period of guarantee for each payment of the subcontract price shall be until the due date for the payment of the subcontract price. Article 13-2(4) of the Subcontract Act provides that "if the principal contractor fails to pay the subcontract price that the subcontractor shall pay pursuant to Article 13 on at least two occasions," subparagraph 5, and Article 8(5)5 of the former Enforcement Decree of the Fair Transactions in Subcontracting Act (amended by Presidential Decree No. 27702, Dec. 27, 2016; hereinafter "Enforcement Decree of the Subcontract Act") provides that "if the principal contractor has received a peremptory notice for the payment of subcontract price from the subcontractor two or more times after the due date for the payment of the subcontract price, the payment of the subcontract price shall be specifically defined."

(b)as such.