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

2. All of the plaintiff's main claims are dismissed.

3...

1. Basic facts

A. On September 21, 2017, the Defendant entered into an agreement with D Co., Ltd. (hereinafter “D”) under which the contract amount of the E-ground factory construction (hereinafter “instant construction”) was KRW 1150,500,000 (including value-added tax), the construction period from September 26, 2017 to February 25, 2018, and subsequently, the Defendant entered into a contract with D and the contract amount of KRW 119,90,000,000,000, and the construction period was changed to March 30, 2018.

B. On October 20, 2017, D entered into a subcontract for electrical construction during the instant construction with the contract price of KRW 82.5 million (including value-added tax) and the construction period from October 20, 2017 to February 19, 2018.

C. Although the Plaintiff completed the subcontracted electrical construction within the construction period, D did not pay the Plaintiff the remainder of KRW 57,500,000 of the subcontract price up to February 20, 2018.

On April 18, 2018, with respect to the payment of KRW 57,500,000 for electrical construction, if the date of execution of the fund is fixed, the defendant shall notify the plaintiff, and D shall pay the subcontract price to the plaintiff and notify the defendant of the details of the payment.

E. On April 18, 2018, D consented to the Plaintiff’s direct claim and receipt of the subcontract price for electrical construction from the Defendant who is the contractor.

F. Meanwhile, D was declared bankrupt on September 12, 2018 immediately after the filing of the instant lawsuit, and the attorney F was appointed as a trustee in bankruptcy and the bankruptcy proceeding is in progress.

[Reasons for Recognition] Evidence Nos. 1 through 10, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment as to the main claim

A. The Plaintiff’s primary claim 1) The Fair Transactions in Subcontracting Act (hereinafter “subcontract”) is the Fair Transactions in Subcontracting Act.

According to Article 14 (1), a subcontractor shall directly pay the subcontract price to the project owner by going bankrupt or delaying the subcontract price.