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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) The Defendant entered into a contract for each construction project, etc.) on November 14, 201, Korea Industrial Development Corporation (hereinafter “Korea Industrial Development Corporation”) (hereinafter “Korea Industrial Development Corporation”).
(2) On May 30, 2012, the development of the KLA industry concluded a contract with the 13.178 billion won (including value-added tax) and the term of contract from November 14, 2011 to March 15, 2014 (hereinafter “SWP”) for the production of equipment to reduce nitrogen oxides in Hyundai Steel Power Plants 5 to 8, 153.8 tons (FLUE GAS SYM 212.6 tons, SCR RECR 263.6 tons, SCRM 263.6 tons, PLATRM 263.6 tons, PLACRM 77.6 tons, hereinafter “the instant machinery”).
(3) On September 12, 2012, the Plaintiff suspended the remaining construction work under the production of 5 heading (hereinafter “5 heading”) 90.1 ton of the instant machinery (hereinafter “5 heading”) around September 12, 2012, as the contract period was determined and subcontracted from May 30, 2012 to March 15, 2014. EsWn notified the Plaintiff of the termination of the re-subcontract around November 2, 2012.
4) After that, EPP around October 2012, 2012 (hereinafter “verteb industry”).
B. On November 2, 2012, the development of LA industry, which agreed on the direct payment of the construction cost, was decided by the Seoul Central District Court on the commencement of the rehabilitation proceedings on November 2, 2012, the Defendant directly pays the subcontract price corresponding to the part constructed by EAPP on December 27, 2012 and Article 35 of the Framework Act on the Construction Industry and Article 14 of the Fair Transactions in Subcontracting Act, on the basis of the method and procedure for the direct payment of the subcontract price, the Defendant paid the EAP directly to EAP PPP, and on the basis of the method and procedure for the direct payment of the subcontract price.