건설산업기본법위반
The judgment below
The part of the defendant B, C, D, and E is reversed.
Defendant
B, C.
(c) The constructor. All or a major part of the contracted construction works;
No part shall be subcontracted to another constructor.
Defendant
C On August 17, 2011, the construction portion of the instant construction project, which is a general constructor, was awarded a contract for the instant construction project with the same construction amount in the electronic bidding method in the amount of KRW 2,560,301,90, and entered into a contract for the instant construction project, the content of which is the same as the construction amount between Chungcheong and Chungcheongnam on September 6, 2011.
After that, Defendant B made several calls from August 17, 201 to September 6, 2011, to acquire 10% of the construction amount (in the case of an increase in the design modification, based on the increased amount) as Defendant C’s installment payments, and subcontracted all of the instant construction work to E.
After that, the instant construction work was executed by T which was entirely subcontracted from E, and completed on June 14, 2012. Defendant C acquired KRW 258,887,38 in installments (this actually acquired installments. Meanwhile, when calculating installments according to an agreement, KRW 258,060,00 (=2,838,660,000/1), 10%). Accordingly, Defendant C subcontracts subcontracted the entire instant construction work to another constructor from August 17, 2011 to September 6, 201, and Defendant D performed the said act with respect to Defendant C’s work from March 10, 2011 to March 10, 201, Defendant D and D are the de facto representative of Defendant E-contractor and constructor’s constructor’s construction business (the constructor’s representative operating construction business) and the constructor’s operating construction business.
A constructor shall perform all or major construction works he has contracted.
No part shall be subcontracted to another constructor.
Defendant
E was awarded a subcontract for the instant construction from August 17, 201 to September 6, 2011 by C.
After that, Defendant E did not perform the instant construction at all, Defendant D had increased the construction amount at the AI E office located on October 5, 201.