1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2...

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On December 12, 2013, the Defendant received a lump sum contract for the construction cost of C factory extension work located in Ansan-si from C Co., Ltd. in the amount of KRW 4.180 million.

On December 16, 2013, the Defendant concluded a contract with other companies and companies for construction works, electrical construction works, and panel construction works among the above construction works. On December 16, 2013, the Defendant concluded a contract for construction works with D Co., Ltd. with the construction cost of KRW 1170 million.

In 2014, the Plaintiff, who runs a construction business with the trade name called E, performed the construction work on a subcontract for the part of glass and creative construction work from D Co., Ltd.

However, D Co., Ltd. discontinued construction in the middle, and the Defendant concluded a construction contract with F Co., Ltd. (hereinafter “F”) on October 24, 2014 and performed construction work again with the construction cost of KRW 1.4 billion.

After the D Co., Ltd suspended construction, the Defendant paid part of the construction cost on behalf of the Plaintiff and other subcontractors including the Plaintiff.

On July 1, 2015, the Plaintiff completed the construction by being awarded a contract with the Defendant for KRW 2,280,000.

The Defendant paid the Plaintiff KRW 92,760,000 in total with the construction cost as above.

[Ground of recognition] In the absence of a partial dispute, Gap evidence Nos. 1, 5, Eul evidence Nos. 3 through 9, the witness H’s testimony, and the purport of the entire argument, the plaintiff determined as to the claim of the main claim for the payment of the subcontract price directly to the defendant by failing to pay the plaintiff two or more installments of the subcontract price. Thus, the defendant asserts that the defendant shall directly pay the subcontract price to the plaintiff pursuant to Article 14(1)3 of the Fair Transactions in Subcontracting Act. Article 14(1)3 of the Fair Transactions in Subcontracting Act, the ordering person shall pay the subcontract price to the principal contractor pursuant to Article 13(1) or (3).