1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The following facts can be acknowledged as either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 7, and 1.

B A. On April 18, 2012, the Plaintiff (hereinafter “B”) received a contract from the Defendant for the new construction of the D-Public Noticeel (hereinafter “instant building”) on the A-Public Notice Hostel (hereinafter “instant building”) from the Defendant during the construction period of KRW 1,953,270,000 (including value-added tax; hereinafter “instant construction cost”) and from April 25, 2012 to December 31, 2012. The Plaintiff received a subcontract by setting the construction cost of KRW 297,00,000 (including value-added tax; hereinafter “instant subcontract price”) from the Defendant during the construction period of the said new construction from November 1, 2012 to November 30, 2012.

B. The Plaintiff completed the construction of machinery and equipment under the said subcontract, and on December 27, 2012, the Defendant completed registration of initial ownership relating to the instant building.

2. The plaintiff's assertion

A. As the Plaintiff, Defendant, and B agreed on November 1, 2012 that “the Defendant shall directly pay the instant subcontract consideration to the Plaintiff,” the Defendant is obligated to pay the Plaintiff KRW 134,500,000, which was not paid by the Plaintiff among the instant subcontract consideration, and delay damages therefrom.

B. In addition, the above agreement constitutes “ direct payment agreement between the ordering person (the Defendant), the prime contractor (B) and the subcontractor (the Plaintiff)” as prescribed by Article 14(1)2 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”), and thus, the Defendant, who is the ordering person, is obligated to pay the Plaintiff the above KRW 134,50,000 and delay damages pursuant to Article 14(1)2 of the Subcontract Act.

C. Even if the above direct payment agreement is not acknowledged, B, the principal contractor, was unable to repay the subcontract price in this case, which is subject to Article 14(1)1 of the Subcontract Act.