1. The Defendant’s KRW 37,400,00 and the Plaintiff’s annual rate of KRW 6% from October 1, 2016 to June 29, 2018, and the following.

1. Facts of recognition;

A. The Plaintiff is a person who runs a construction business, etc. under the trade name of “D”.

B. On September 4, 2015, the Defendant subcontracted the construction of machinery and fire-fighting equipment (hereinafter “H”) to Nonparty H (hereinafter “H”) during the construction of Pyeongtaek-si E and F Day “G”, which is the Korea Land and Housing Corporation, and H re-subcontracted to the Plaintiff on September 4, 2015 by determining that the construction cost of the machinery and equipment and fire-fighting equipment (hereinafter “instant construction”) during the said construction is KRW 34,00,000 (excluding value-added tax) after the completion of construction work.

C. The Plaintiff completed the instant construction before the 2016 anniversary of the Ratification ( September 15, 2016).

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 the manufacture, repair, construction, or service performed by the subcontractor to the subcontractor:

1. Where the principal contractor becomes unable to pay the subcontract consideration due to the suspension of payment, bankruptcy or other causes similar thereto, or the permission, authorization, license, registration, etc. of the principal contractor, and the subcontractor requests a direct payment of the subcontract consideration;

2. Where the ordering person, the prime contractor, and the subcontractor agree to pay the subcontract price directly to the subcontractor.

3. When the subcontractor has requested a direct payment of the subcontract consideration where the principal contractor has failed to pay to the relevant subcontractor two or more installments of the subcontract consideration to be paid by the principal contractor as prescribed in Article 13 (1) or (3);

(2) In cases falling under paragraph (1), any obligation to pay the price to the principal contractor, and any obligation of the principal contractor to pay the subcontract price to the subcontractor, shall be deemed extinguished within the scope of the said obligation;

(3) (4) The project owner shall directly pay the subcontract consideration to the relevant subcontractor under paragraph (1).