1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 138,143,200 as well as its annual interest from December 17, 2020 to January 28, 2021.

Basic Facts

Defendant B’s contractor and Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) contracted the instant construction from Defendant B for the construction work on the site preparation work on the two parcels of land, other than the land D (hereinafter “instant land”); the entire land subject to the said construction work is “instant land, etc.”; and the entire land subject to the said construction work is the contractor who was awarded the instant construction work from Defendant B.

On June 1, 2017, the Plaintiff entered into a standard contract for private construction works with the Defendant Company for a construction period of KRW 853,00,000 from June 5, 2017 to September 5, 2017 (hereinafter “instant subcontract agreement”). The Plaintiff and the Defendants, on October 20, 2017, drafted a written consent for a direct payment of the subcontract price (payment) with respect to the instant subcontracted works as set forth in the instant subcontract agreement (hereinafter “instant direct payment agreement”) with respect to which the Plaintiff entered into the instant subcontract agreement with the Defendant Company to receive a subcontract for the remainder of the construction works excluding the construction works, such as electricity and water supply, etc. during the instant construction works (hereinafter “instant subcontract agreement”). Direct payment agreement of this case was concluded with the said direct payment agreement (hereinafter “instant direct payment agreement”).

4. As to the subcontracted project in this case, Defendant B agrees to pay the subcontract price to the Plaintiff directly pursuant to Article 43 of the General Conditions of the Construction Contract, Articles 15 and 16 of the Construction Contract, Article 14 of the Fair Transactions in Subcontracting Act, and Article 4 of the Enforcement Decree of the Act on Fair Transactions in Subcontracting.

[Grounds for recognition] Each statement in Gap evidence Nos. 1 and 3, and the purport of the plaintiff's assertion in the whole argument, the plaintiff contracted for the subcontract of this case from the defendant company on June 1, 2017. On October 20, 2017, the plaintiff contracted for the subcontract of this case between the defendants and the defendants. On November 201, 2017, the plaintiff discontinued the subcontract of this case upon agreement with the defendants.