1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. On August 22, 2012, the Plaintiff was awarded a subcontract for machinery and equipment construction works from Jongno-gu Hodong Housing Complex Construction Co., Ltd. among the Jongno-gu Hodong Housing Complex Construction Works ordered by the Defendant.

The subcontract price for the subcontract is KRW 537,00,000, which is entered into between the small comprehensive mining construction corporation and the plaintiff.

The plaintiff completed the machinery and equipment construction work.

[Grounds for recognition] Unsatisfy, Gap 1-7, the purport of the whole pleadings

2. Judgment on the issue

A. As stated in the summary of the subcontract price payment agreement, the Defendant agreed to pay 660,000,000 won directly to the Plaintiff, as stated in the subcontract price payment agreement.

Since then, the contract price was changed to KRW 537,50,000, and 424,000,000 among them were repaid, the Defendant shall pay the Plaintiff KRW 113,50,000.

B. The meaning of the direct payment agreement and the scope of the obligation of the contractor under the Fair Transactions in Subcontracting Act and the Framework Act on the Construction Industry are considered to be limited to the subcontractor's construction cost that the subcontractor bears to the subcontractor for the subcontracted construction work.

(Supreme Court Decision 201Da2029 Decided April 28, 2011). However, Article 1 of the direct payment agreement provides that “The subcontractor shall agree to directly pay to the subcontractor to the subcontractor pursuant to Article 35 of the Framework Act on the Construction Industry and Article 14 of the Fair Transactions in Subcontracting Act, and the method and procedure for the direct payment of the subcontract price is governed by the Act on Fair Transactions in Subcontracting and the Framework Act on the Construction Industry.”

(A) In light of the language and text of the direct payment agreement, the meaning of the direct payment agreement is directly the subcontract price within the scope of the obligation of the contractor, which is recognized by the Fair Transactions in Subcontracting Act and the Framework Act on the Construction Industry.