1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. On June 7, 2017, B Co., Ltd. (hereinafter “B”) entered into a contract for construction works (hereinafter “instant contract”) with the Defendant (Maritime Affairs and Fisheries Research Institute) under which the contract amount of KRW 1,503,913,410 (including value-added tax; KRW 215,807,369; labor cost among them) and the construction period of KRW 215,807,369; and between June 12, 2017 and December 17, 2017 (hereinafter “instant contract for construction works”).

B. From October 30, 2017, the Plaintiff entered into a subcontract for a construction project (hereinafter “instant subcontract”) with the content that: (a) the contract amount of metal, windows, glass, and printing teams construction work of KRW 293,650,00 (including value-added tax; (b) labor cost of which is KRW 26,281,03); and (c) the construction period from October 30, 2017 to December 9, 2017, the Plaintiff agreed to accept the subcontract (hereinafter “instant subcontract”; and (d) the said construction work.

C. On November 7, 2017, after the conclusion of the instant subcontract, the Defendant agreed to directly pay the subcontract price pursuant to the instant subcontract with the Plaintiff (hereinafter “instant direct payment agreement”) and the Plaintiff. The method and procedure for direct payment are as follows: (a) in principle, applying for the details of the part executed by the Plaintiff when conducting a pre-use inspection and completion inspection; and (b) claiming the payment of subcontract price separately; (c) in extenuating circumstances, B may file a claim for the payment of subcontract price en bloc; (d) however, the subcontract price is to be directly paid to the Plaintiff.

The Plaintiff discontinued construction work from October 30, 2017 to January 29, 2018 due to the instant subcontracted construction work, but failed to receive construction payment.

On November 30, 2017 and January 29, 2018, the Plaintiff filed a claim for the payment of the construction cost in proportion to the completed rate in B, and requested the Defendant to pay the payment directly. However, on March 21, 2018, the Defendant paid the amount of provisional seizure against B’s claim to the Plaintiff up to the amount of the completed payment for the construction work.