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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. The relationship between the parties 1) The Plaintiff is a small and medium entrepreneur prescribed by the Framework Act on Small and Medium Enterprises that operates the manufacture, repair, heat treatment, etc. of revolving machines, valves, etc., and is under the Fair Transactions in Subcontracting Act (hereinafter “subcontract Act”).
Article 14 (Direct Payment of Subcontract Price) (1) Where any of the following causes occurs, the person ordering shall directly pay the subcontract price corresponding to the portion of manufacture, repair, construction, or service performed by the principal contractor to the relevant subcontractor: 1. Where it is impossible for the principal contractor to pay the subcontract price due to the suspension of payment, bankruptcy, or any other similar cause, or the permission, authorization, license, registration, etc. for business of the principal contractor, and the principal contractor is unable to pay the subcontract price due to the revocation of the permission, authorization, license, registration, etc. for the principal contractor, when the subcontractor requests a direct payment of subcontract price.
hereinafter the same shall apply.
b)in cases of entrusting repair, construction, or services, or in cases where the principal contractor re-commissions the subcontractor with what he/she has been entrusted with by another business operator, such entrustment (hereinafter referred to as "manufacturing, etc.")
) The subcontractor who has been entrusted (hereinafter referred to as “object, etc.”)
(C) the supply, delivery, or provision (hereinafter referred to as “supply, etc.”) to the principal contractor by manufacturing, repairing, constructing, or providing services.
(i)the cost of the subcontract (hereinafter referred to as "subcontract").
(2) The term "original business operator" in this Act means any of the following persons: