1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

1. Basic facts

A. On December 30, 2014, the Plaintiff entered into a subcontract with the current comprehensive construction department, under which the current comprehensive construction was awarded by the Defendant on December 30, 2014, with respect to the maintenance and repair works out of the 2014 Busan Northern Port Maintenance and Repair Works (hereinafter “instant construction works”), with regard to the construction period from February 5, 2015 to July 3, 2015, and the construction cost of KRW 630,47 million.

B. The Defendant agreed to pay the Plaintiff a reasonable portion of the subcontract price for the current comprehensive construction works directly to the Plaintiff. The Defendant directly paid the Plaintiff the subcontract price of KRW 180,62 million on February 17, 2015, and KRW 326,009,840 on May 28, 2015.

C. On the other hand, on July 3, 2015, the current comprehensive construction requested the Defendant to pay KRW 160,549,260 in total, including KRW 43,779,100, and KRW 116,770,160, and KRW 160,549,260, to the Plaintiff as the progress payment. On September 23, 2015, the Defendant paid only KRW 46,729,988 to the Plaintiff.

As of July 3, 2015, the Plaintiff’s flag height is KRW 62,898,00,000,000,000 paid directly by the Defendant, and the payment for construction work that the Plaintiff received from the Defendant is KRW 558,939,828, and the unpaid subcontract price is KRW 70,040,172.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above facts of the judgment on the cause of the claim, the defendant is obligated to pay 70,040,172 won and damages for delay payable to the plaintiff, unless there are special circumstances.

3. Defendant’s assertion and judgment

A. The Defendant cannot directly pay the construction price to the Plaintiff, since the current Construction was served with the notice of the provisional seizure of five claims and the seizure and collection order regarding the claim for the construction price payable by the Defendant according to the instant construction work, and even if not, it is difficult to determine the friendly relationship between the above creditors and the Plaintiff.