1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Facts of recognition;

A. K Co., Ltd and L Co., Ltd. (hereinafter “L”) entered into a contract for construction and subcontract (hereinafter “the instant construction”) entered into a new construction project ordered by the Ministry of Justice under the jurisdiction of the Republic of Korea and subcontracted the Plaintiff the instant construction project with the total construction cost of KRW 3,850,00,000 on May 1, 201, but thereafter, a limited liability company I (hereinafter “I”) and M limited liability companies (hereinafter “M”) and L Co., Ltd. (hereinafter “I, etc.”) succeeded to the status of the contractor by dividing the instant construction project into the number of vehicles and dividing it into the Plaintiff, from March 10, 201 to October 30, 2013 (hereinafter “the instant construction project”). From March 10, 2011 to October 30, 2013, I, etc. subcontracted the instant construction project into the number of divided contracts in accordance with each of the instant contracts.

B. The instant claim for direct payment of subcontract consideration is related to the subcontractor’s right to demand a direct payment under Article 14(1)2 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”), and the subcontractor under the Subcontract Act constitutes the subcontractor under the Framework Act on the Construction Industry. The “original contractor” under the Subcontract Act is a “contractor” under the Framework Act on the Construction Industry, or the “original contractor” under the Subcontract Act is used in combination without distinguishing the concept of “contractor” under the Framework Act on the Construction Industry.

On November 28, 2011, the Plaintiff entered into the instant third contract with I, etc. (Evidence A7). Around that time, the Plaintiff, etc. agreed to pay the subcontract price corresponding to the part performed by the Plaintiff directly to the Plaintiff by the Republic of Korea with the Republic of Korea, I, etc., and drafted the “Agreement on Direct Payment of Subcontract Price” with the following contents:

(A) No. 3, hereinafter “instant direct payment agreement”). The contract amount of 22,321,000,000 contractual term of the J-built Construction Contract (total tea) under the name of the original contract, from August 14, 2009 to October 27, 2012, the contract amount of the machinery and equipment construction (total tea) contract amount among the new construction works under the subcontract agreement. 3,588.