1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Defendant is the owner of the D’s land in Busan Northern-gu, and B was awarded a contract by the Defendant for construction of the “D neighboring life and city-type residential housing” on the said land.

B. On August 23, 2013, the Plaintiff entered into a subcontract on KRW 37,00,000 with respect to the facility works among the above construction works (hereinafter “instant construction works”).

C. B paid only KRW 10,000,000 out of the instant construction cost to the Plaintiff, and the remainder of KRW 30,700,000 (including KRW 3,700,000) was unpaid.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion (1) The Defendant, as the owner of the building site and the owner of the building site, shall directly pay the Plaintiff the subcontract price of the instant construction project pursuant to Article 14(1) of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”).

② The Defendant was involved in the construction work in de facto marital relationship with Nonparty I, who is the actual operator of Nonparty I, and the Defendant and I and the Defendant intentionally committed a tort in order to avoid the obligation to pay the construction price, thereby bearing joint tort liability.

③ The Defendant lent a license for construction work, and the Plaintiff directly concluded the instant construction contract with the Defendant. As such, the actual contractual party to the instant construction work is the Defendant.

④ On September 20, 2016, I agreed to pay the instant construction cost as the Defendant’s representative by September 20, 2016.

Therefore, the defendant is jointly and severally liable to pay to the plaintiff KRW 30,700,000,000, which is the unpaid amount of the construction cost of this case.

B. We first examine the argument that the Defendant is obligated to pay the subcontract price under the Subcontract Act.

According to Article 14 (1) of the Subcontract Act, the ordering person shall suspend the payment of the principal contractor and the bankruptcy.