1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. On May 3, 2013, the Plaintiff concluded a subcontract with the Defendant for the structure maintenance works among the small structure maintenance works (hereinafter “instant construction works”) other than the national highways No. 1 National Highway No. 1, the construction period from May 6, 2013 to September 10, 2013; and the contract price of KRW 97,000,00 (excluding value-added tax). Of the terms and conditions of the subcontract contracts, the parts related to the instant case are as follows.

Article 8 (Computation and Payment of Wages)

1. The defendant shall pay the price from the original contractor within 15 days from the date of receiving the payment, on the basis of the plaintiff's tax invoice claimed by calculating the flag that the plaintiff executed.

2. Under mutual agreement between the Plaintiff and the Defendant, the Defendant may pay the Plaintiff’s wage accrued to the employee by means of payment transfer, bank remittance, etc. directly to the Plaintiff’s employee.

The date and method of payment of wages for retired workers are the same.

Article 9 (Consent to Direct Payment to Workers and Creditors)

1. The plaintiff shall not be paid any amount of wages and bonds (such as materials, equipment, and others) accrued each month after receiving the progress payment from the defendant. If the plaintiff's worker and the creditor report the claim, the plaintiff shall consent in advance to the defendant's direct payment from the amount of the progress payment, and the defendant shall be exempted from the obligation for the progress payment in the amount of the delayed payment.

B. The Plaintiff completed the instant construction, and separately supplied the Defendant with safety supplies equivalent to KRW 6,534,00 (including value-added tax).

C. In accordance with the agreement on direct payment with the Plaintiff, the Defendant directly paid KRW 53,092,700 (excluding value-added tax) to A, etc., and directly paid KRW 2,300,000 to B and C who is the Plaintiff’s employee.

The Defendant paid KRW 3,00,000,000 to the Plaintiff on August 29, 2013, and KRW 3,000,000 on December 9, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination on the cause of the claim.