1. The plaintiff's claim is dismissed.

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

1. On March 23, 2017, the Defendant, including the Defendant’s subcontract to the Plaintiff, awarded a contract with a limited liability company C (the representative D; hereinafter “C”), for the interior works of the building construction of the building of the building of the Yansan-gu E (hereinafter “C”), awarded a contract with the Plaintiff for the wood work of KRW 200,000 among them (hereinafter “instant subcontracted work”). The details of the contract price of KRW 121,00,000,000 from the Defendant are as shown in [Attachment].

It did not receive it.

After that, on March 29, 2018, the Defendant asserted that it was February 29, 2018, but the last day of February 2018 is 28. However, the Plaintiff stated that it was issued a sales contract in the name of D related to E-building F as the substitute object on March 29, 2018, and the Plaintiff stated that it was issued a sales contract in the name of D as the substitute object on March 29, 2018, and in light of the details of each content certification (Evidence A4 and 8) as of March 20, 2018 and April 16, 2018, it is reasonable to view it as March 29, 2018.

The Plaintiff, the Defendant, and C have drawn up the “Agreement on Direct Payment of Subcontract Price (Direct Payment)” (hereinafter the “Agreement on Direct Payment”).

The content is that “C shall pay directly to the Plaintiff the balance of the subcontract price of this case KRW 121,00,000,000, and the Defendant’s obligation to the Defendant and the Defendant’s obligation to the Plaintiff shall be deemed extinguished within the scope pursuant to Article 14 of the Fair Transactions in Subcontracting Act.” The date was written retrospectively on May 29, 2017.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Fair Transactions in Subcontracting Act provides that “When the ordering person, the prime contractor, and the subcontractor agree to pay the subcontract price directly to the subcontractor, the ordering person shall directly pay the subcontractor the subcontract price corresponding to the portion of the manufacture, repair, construction, or service performed by the subcontractor, and the obligation of the ordering person to pay the subcontractor the subcontract price.