1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The plaintiff's main claim is dismissed.

3...

1. On March 2014, the Intervenor joining the Defendant (hereinafter “ Intervenor”) was awarded a contract with the Defendants for installation of solar power plants in the solar power plant located in the Yando-gun of the Yando-si, Yando-gun on the basis of the summary of the Plaintiff’s claim.

(B) In the following, the Intervenor entered into a contract with the Defendants for the construction of each of the above solar power generation facilities (hereinafter “instant construction”). On March 20, 2014, the Plaintiff entered into a subcontract for the instant construction from the Intervenor and completed the said construction on or around December 2014, the Intervenor did not pay the subcontract price of KRW 202,683,769.

Therefore, the Plaintiff primarily and primarily sought payment of the amount claimed against the Defendants based on the Plaintiff’s direct right to claim payment of subcontract consideration under Article 14(1)1 and 3 of the former Fair Transactions in Subcontracting Act (amended by Act No. 12709, May 28, 2014; hereinafter “former Subcontract Act”), based on the Defendant’s direct right to claim payment of subcontract consideration under Article 14(1)1 and 3 of the former Subcontract Act (hereinafter “former Subcontract Act”).

2. Determination

A. The Plaintiff seeking direct payment of subcontract consideration under the former Subcontract Act based on Article 14(1)1 and 3 of the former Subcontract Act. In order to apply the said provision, the Intervenor who subcontracted the instant construction work to the Plaintiff falls under the “original contractor” as provided by the former Subcontract Act, and according to Article 2(2) of the former Subcontract Act, the term “original contractor” means a small and medium entrepreneur who is not a small and medium entrepreneur, but entrusts a small and medium entrepreneur with the manufacture, etc. (Article 1) or ② a small and medium entrepreneur who is more than the annual sales or regular employees of other small and medium entrepreneur who is entrusted with the manufacture, etc. during the immediately preceding business year.