1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 10, 2016, the Defendant awarded a contract to C for a new multi-household housing construction project (hereinafter referred to as “instant construction project”) located in D at the time of harmony as of October 30, 2016, with the cost of construction KRW 528 million and the scheduled date for completion of a new construction project.

B. On May 28, 2016, the Plaintiff entered into a subcontract with C for a reinforced concrete building project (hereinafter “instant aggregate building project”) at the cost of construction KRW 90 million.

C. The Plaintiff completed the instant structural construction around August 30, 2016.

[Ground of recognition] Facts without dispute, entries or videos of Gap 1 through 19, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The gist of the assertion is that the Defendant, who is the ordering person, is obligated to directly pay the Plaintiff the price for the pelpel works, in accordance with Article 14 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract Act”), since the Plaintiff was awarded a subcontract for the pelpel works by C.

B. In order for the Plaintiff, the subcontractor, to directly claim the construction cost on the basis of Article 14(1)3 and 4 of the Subcontract Act to the Defendant, the subcontractor, the subcontractor, the Plaintiff is a small and medium enterprise under Article 2(1) or (3) of the Framework Act on Small and Medium Enterprises, and Article 3 of the Enforcement Decree of the same Act, which corresponds to the subcontractor pursuant to Article 2(3) of the same Act, and Article 2(2)1 and 2(2) of the Subcontract Act, and Article 2(4)2 of the Enforcement Decree of the same Act, which corresponds to the principal contractor, is a small and medium enterprise owner who is not a small and medium enterprise owner; or a small and medium enterprise owner who entrusts a small and medium enterprise owner with manufacturing, etc., or whose annual sales in the immediately preceding business year are higher than the annual sales in other small and medium enterprise owners entrusted with manufacturing, etc. (However, in cases of entrustment with construction, it is excluded from the small

Supreme Court Decision 201No. 31.