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. Basic facts

A. With respect to the construction of one-time comprehensive funeral facility (hereinafter “instant construction”) with a limited company (hereinafter “one-time comprehensive construction”), the Defendant respectively entered into a contract for the construction of the general funeral facility (hereinafter “instant construction”).

The table: The terms and conditions of the original contract in this case as of October 4, 2013, the contract price of the first revised contract of KRW 4,277,357,357,90 on June 13, 2014; KRW 4,536,340 on April 2, 2015; KRW 4,90 on May 22, 2015; the final revised contract of KRW 4,659,959,690 on August 6, 2015;

B. On December 30, 2014, the Plaintiff and the instant construction contractor entered into a subcontract for a construction contract with the term of KRW 71,797,000 (including value-added tax), payment method, direct payment method, and period from December 31, 2014 to March 31, 2015, respectively, with respect to gas pipeline construction (hereinafter “instant subcontracted construction”).

(hereinafter referred to as the “instant subcontract”). The contents of the instant subcontract pertaining to the instant case are as follows:

Article 21 (Right to Demand Direct Payment of Subcontract Price) (1) If a project owner falls under any ground for direct payment of subcontract price under related Acts and subordinate statutes, such as the Framework Act on the Construction Industry, he/she may request the project owner (Defendant) to pay the subcontract price.

(2) If a request for direct payment of the subcontract price under paragraph (1) or the ordering person intends to directly pay the subcontract price to B pursuant to relevant Acts and subordinate statutes, A (comprehensive construction on a one-time basis) shall cooperate with respect to the method and procedure for the payment thereof, except in extenuating circumstances. The subcontract price shall be the contract amount of KRW 4,277,357,90, the contract amount for the construction works of the general funeral establishment at the time of spreading the name of the construction works under the prime contract.