1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant received an order for new construction of the Ulsan-gu B World Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), and concluded a subcontract for construction work (hereinafter “instant subcontract”) with the Plaintiff and the construction cost of KRW 550 million (including value-added tax), July 30, 2014 on May 1, 2014, with respect to the portion of the instant construction work (hereinafter “instant construction work”). The advance payment is KRW 50 million until May 10, 2014, and the remainder amount is paid within 30 days after completion.

B. The Plaintiff completed the instant construction work.

C. The Plaintiff received 424,00,000 won (including surtax) from among the construction price of the instant construction project up to the present.

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 2, all the arguments

2. The assertion and judgment

A. According to the above basic facts, the Defendant is obligated to pay the remainder of construction price of KRW 126,000,000 to the Plaintiff and delay damages therefrom, unless there are special circumstances.

B. The defendant asserts to the effect that the defendant was exempted from the payment of the construction price obligation due to a direct payment agreement between the plaintiff, the defendant, and the non-party company 3.

According to the statement of the evidence No. 7 and the testimony of the witness C, it is recognized that the non-party company and the plaintiff, the defendant agreed to directly pay the construction cost of the instant case to the plaintiff by the non-party company which is the ordering person (hereinafter “instant direct payment agreement”) on May 1, 2014 (However, the direct payment agreement of the evidence No. 7 is written as of May 1, 2014).

In addition, Article 14 of the Fair Transactions in Subcontracting Act (amended by Act No. 12709, May 28, 2014; hereinafter “subcontract”) which applies at the time of the instant subcontract, is related to the direct payment of subcontract consideration under paragraph (1), the ordering person shall manufacture, repair, construct, or construct the subcontractor when any of the following causes occurs: