1. The Defendant’s KRW 47,961,224 as well as the Plaintiff’s KRW 15% per annum from March 16, 2019 to May 31, 2019.

1. Facts of recognition;

A. Around August 2018, the Defendant entered into a direct payment agreement on the subcontract price with C Co., Ltd. (hereinafter “Nonindicted Company”) on a contract for E construction work on the ground D in Busan Southern-gu.

On August 30, 2018, the non-party company subcontracted the portion of reinforced concrete construction (hereinafter “instant construction”) among the above construction works to the Plaintiff as the construction cost of KRW 561,00,000 (including value-added tax), the construction period from August 30, 2018 to February 26, 2019 (hereinafter “instant subcontract”), and the contract was concluded between the Defendant, the principal contractor, the non-party company, the subcontractor, and the Plaintiff, the subcontractor, pursuant to Article 14 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”), and Article 35 of the Framework Act on the Construction Industry (hereinafter “instant direct payment agreement”).

B. The Plaintiff completed the instant subcontract from August 30, 2018 to December 3, 2012 pursuant to the instant subcontract, even during the instant construction work, and the Defendant paid the subcontract price corresponding to the primary and secondary constituent elements, but did not pay KRW 47,961,224 of the subcontract price corresponding to the said three constituent elements.

C. On the other hand, the third creditors of the non-party company received a provisional seizure, seizure, and collection order against the non-party company's claim for construction price against the defendant, and served the order to the defendant, who is the garnishee, as stated in the attached Form "the details of notification of decision, such as provisional seizure, collection order, etc.".

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 8 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

(a) Article 14 (1) of the Subcontract Act shall apply to a subcontractor when a cause falling under any of the following subparagraphs has occurred: