The judgment below

The part against the defendant is reversed, and that part of the case is remanded to the Jeonju District Court Panel Division.

The grounds of appeal are examined.

The judgment below

According to the reasoning, the court below held that, where the subcontractor entered into an agreement on the direct payment prior to the execution of subcontracted works, the subcontractor shall be liable to pay the subcontractor the subcontract price in full directly to the subcontractor immediately after the agreement on the direct payment, regardless of whether the subcontractor actually performed or completed the subcontracted works. In this case, without considering whether the Plaintiff actually performed or completed the subcontracted works, there was a claim for direct payment against the Jeollabuk-do, the owner of the subcontractor, who is the subcontractor, on December 2, 2010 where the direct payment agreement was reached. Thus, after the direct payment agreement of this case, the court below reached the provisional attachment of the claim for the construction price against the Governor of Jeollabuk-do as to the claim for direct payment of the subcontracted construction by the obligee of the prime contractor, the prime contractor, the subcontractor, the subcontractor, and the subcontractor, from the date of the direct payment agreement of this case, before the actual implementation or completion of the subcontracted works by the Plaintiff.

Even if the provisional attachment, etc. cannot be asserted against the plaintiff, and therefore, even if the amount of the claim for provisional attachment claim amounting to KRW 23,500,000 which was deposited by the Governor of Jeollabuk-do as the construction price of this case was deducted from KRW 160,00,00, the amount of the claim for provisional attachment claim amounting to KRW 23,50,000 which was reached before the direct payment agreement of this case was reached, the amount exceeding KRW 47,30,500 shall be over KRW 136,50,200 of the subcontract price of the plaintiff. Thus, the claim for payment of KRW 47,30,00 of the above deposit amount

However, such determination by the lower court is difficult to accept for the following reasons. The purport of Article 14(2) of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”) is to ensure that the ordering person directly pays the subcontract price to the subcontractor in light of the content of Article 14(1).