1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

1. Basic facts

A. On September 26, 2014, C, the father of the Defendant, concluded a contract on October 1, 2014, with respect to D (Operation of EE Company) and the Construction of New Housing on the FF in Daegu, Inc., the Defendant-owned (hereinafter “instant Construction”) on the date of commencement, and concluded the contract at KRW 100,000,00 on December 30, 2014, and the scheduled date of completion of the construction works.

B. On October 3, 2014, G (Operation of H Company) and the instant construction, D entered into a subcontract (hereinafter “instant subcontract”) with a certain amount of KRW 37,00,00 on October 6, 2014 as of October 26, 2014, the date of commencement of the instant construction works, and the contract amount of KRW 37,00,000,000, during the completion of the instant construction works.

C. The Plaintiff received a request from G to implement the pelvis construction among the instant construction works at the time of the conclusion of the instant subcontract, recruited the figures, and implemented the construction from October 18, 2014 to December 2014.

On November 20, 2014, the Defendant paid KRW 5,000,000 to the Plaintiff.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 5, 6, 8, Eul's 1 and 2, the purport of the whole pleadings

2. Determination on a claim under Article 14(1)2 of the Fair Transactions in Subcontracting Act

A. The Plaintiff’s assertion that the Plaintiff agreed to pay the subcontract price directly on November 20, 2014 between the ordering person, the principal contractor and the subcontractor. As such, pursuant to Article 14(1)2 of the Fair Transactions in Subcontracting Act, the Defendant is obligated to pay the Plaintiff the remaining wage of KRW 11,831,00,000, the amount calculated by deducting the contract price paid by the Defendant from the total construction price of KRW 37,00,000, the down payment of KRW 18,407,50, and the down payment of KRW 3,000, and the end payment of KRW 2,219,50, which was paid by G, within the scope of KRW 13,373,50, which is within the scope of KRW 13,831

(b) Article 14(1)2 of the Fair Transactions in Subcontracting Act stipulates that the ordering person, the prime contractor, and the subcontractor shall pay the subcontract price directly to the subcontractor.