1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following determination as to the Plaintiff’s assertion, thereby citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. According to Article 35(2)1 and 35(2)3 of the Framework Act on the Construction Industry (hereinafter “Building Industry Act”), the subcontractor may directly claim the subcontract price in cases where the ordering person has agreed to directly pay the subcontract price to the subcontractor or the subcontractor fails to pay the subcontract price to the subcontractor. However, the Plaintiff, the subcontractor, has agreed on the direct payment of the subcontract price with the co-defendant B (hereinafter “B”) who is the contractor, and the Defendant, the ordering person, and the subcontractor, and the Plaintiff did not pay the subcontract price to the Plaintiff. Accordingly, the Defendant shall pay the Plaintiff the equipment fee of this case 31,670,000, which is the subcontract price under the above Construction Industry Act.

(b) Determination 1) Article 2 of the relevant provisions of the Dried Industrial Act (the definitions of terms used in this Act are as follows:

The Minister of Education, Science and Technology (hereinafter referred to as "the Minister of Education, Science and Technology") and the Minister of Education, Science and Technology,

7. The term “project owner” means a person who contracts construction works to constructors;

Provided, That a person who subcontracts a contracted construction work to a contractor shall be excluded.

Article 35 (Direct Payment of Subcontract Price) (2) In any of the following cases, the project owner shall pay the subcontract price directly to the subcontractor concerned for the portion performed by the subcontractor:

A public official shall be appointed as a public official.

1. One-party where the ordering person and contractor agree to pay the subcontract price directly to the subcontractor, or the principal contractor, contractor, and subcontractor by clarifying the purport thereof and payment methods and procedures;

2. The subcontractor shall perform;