1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. The Plaintiff’s assertion that the Defendant: (a) contracted the construction work of the main complex building located in the Macdong City to Pcco Construction Co., Ltd.; and (b) Pcco Construction Co., Ltd. subcontracted the subcontracted construction work to the Plaintiff.

The Plaintiff received an order for payment as of November 16, 2015 to the Plaintiff for the payment of KRW 292,193,000 and the Plaintiff did not pay the construction cost claim of KRW 292,193,00 to Franco Co Co Co Co Co Co., Ltd., Ltd., and the payment order became final and conclusive.

However, in cases where a final and conclusive judgment ordering a subcontractor to pay a subcontract price for the portion executed by the subcontractor pursuant to Article 35 (2) 2 of the Framework Act on the Construction Industry, the ordering person shall directly pay the subcontractor the subcontract price corresponding to the portion executed by the subcontractor. Thus, the defendant, who is the ordering person of construction work of the above main complex building, bears the obligation to pay the subcontract price directly to the plaintiff, who is the subcontractor upon receipt of the finalized payment order under the above provision. The plaintiff, as part of the subcontract price of KRW 292,193,00,000, which is labor cost of KRW 38,690,000 from May to July of the same year, 2015, as well as damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning

2. Where, as alleged by the Plaintiff, Article 35(2)2 of the Framework Act on the Construction Industry, a final and conclusive judgment ordering the subcontractor to pay the subcontract consideration for the portion that the subcontractor performed, the ordering person falls under the portion that the subcontractor performed.