1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasons for this part of the judgment of the court of first instance are as follows: (a) deleted the “Defendant’s custodian” in paragraph (1) of the reasons for the judgment of the court of first instance; and (b) instead of using the name “Defendant” in relation to co-defendants of the court of first instance other than the Defendant as “Co-defendants of the court of first instance”; and (c) cited it in accordance with the main sentence of Article 420

2. The parties' assertion

A. The Plaintiff’s assertion that the commencement of the rehabilitation procedure for the construction of the said sub-construction could not be paid KRW 255,200,000 for the subcontract price from the construction of the said sub-construction. Since the Plaintiff requested the direct payment of the subcontract price that was not paid at the time of Suwon, the contractor of the instant construction project, the Plaintiff is obligated to pay the said unpaid subcontract price to the Plaintiff under Article 14 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”) and Article 35 of the Framework Act on the Construction Industry

The plaintiff's request for direct payment has reached the demand of the other subcontractors except for the co-defendants of the first instance trial. Therefore, the plaintiff has the right to receive the subcontract price in preference to the other subcontractors.

B. The scope of the obligation of the ordering person under Article 14 of the Defendant’s Claim for the Direct Payment of the Subcontract Act is the amount calculated by deducting the amount of the part of the subcontracted work from the subcontract price that the ordering person has already paid to the principal contractor from the subcontract price of the relevant subcontractor, within the scope of the construction cost that the ordering person has not paid to the principal contractor.

Therefore, if the subcontractor has fully paid the subcontract price for the relevant type of work subcontracted to the principal contractor, even if the subcontractor has failed to receive the subcontract price from the principal contractor, a direct payment cannot be claimed against the ordering person.

The employer shall be the recipient of the contract.