1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant is an implementer who implements the reconstruction project of an apartment complex of the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

B. On October 30, 2006, the Sejong Central District Court filed an application for corporate rehabilitation with the Seoul Central District Court 2006hap12, and the above court decided to discontinue the rehabilitation procedures on November 24, 2006, although it decided to commence the rehabilitation procedures on April 21, 201.

C. On May 9, 2011, Sejong Central District Court 201Hahap53 (Seoul Central District Court 201Hahap53) filed an application for corporate bankruptcy and is currently in bankruptcy proceeding.

[Ground of recognition] Facts without dispute, Gap evidence 1 (including provisional number), 2, 9, 10 evidence, Eul evidence 12, the purport of the whole pleadings

2. At the time of the discontinuance of construction work on October 31, 2010, the Plaintiff’s claim was made: (a) KRW 8,175,00,000 for the construction cost that was not paid by the Defendant; and (b) KRW 1,574,105,314 for the construction cost that was not paid by the Plaintiff from Sejong; and (c) the Plaintiff, the ordering person, pursuant to Article 14 of the Fair Transactions in Subcontracting Act, is obligated to directly pay the Plaintiff, the subcontractor, who is the principal contractor, the subcontractor.

3. Determination

A. Where the principal contractor is unable to pay the subcontract price due to the bankruptcy of the principal contractor pursuant to the Fair Transactions in Subcontracting Act, and the subcontractor requests a direct payment of the subcontract price to the ordering person, the ordering person bears the obligation to pay the subcontract price directly to the subcontractor. However, barring any special circumstance, the ordering person shall pay the principal contractor.