손해배상(기)
1. The defendant's appeal is dismissed.
2. The appeal cost (including the application cost for the return of provisional payments) shall be borne by the Defendant.
1. The reasoning of the judgment of the court of first instance cited the same reasoning as the reasoning of the judgment of the court of first instance, except for cases where the reasoning of the judgment is written or added as follows, and thus, it is acceptable to accept it as it is in accordance with the main sentence of
2. Grounds of the judgment of the court of first instance concerning the dismissal
1.(c)
2) The part of the claim (Article 420 of the Civil Procedure Act) (Article 420 of the Civil Procedure Act shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, except where the part in paragraph (3) (the third part of the 19th part of the 19th part "
3. Additional determination
A. Article 29 of the Framework Act on the Construction Industry prohibits subcontracting of construction works in a lump sum, etc., which is a mandatory provision due to the nature of the law.
In fact, the agreement of this case is null and void because it is a package of subcontracting that the plaintiffs performed with the entrustment of all construction works by the defendant, or is in violation of the above mandatory law, or a package of subcontracting constitutes an act of anti-social order in light of the nature of the above mandatory law and thus null and void by Article 103 of the Civil Act.
Ultimately, as long as the agreement of this case is null and void, the agreement of this case, which constitutes a monetary settlement relationship based thereon, is null and void, the Plaintiff’s claim of this case shall be dismissed.
B. Determination of the instant telecommunications line construction constitutes “communication line facility construction” according to the type of construction work according to Article 2 subparag. 2 of the Information and Communication Work Business Act, Article 2(2) and attached Table 1 of the Enforcement Decree of the same Act, and Article 2 subparag. 4(b) of the Framework Act
The scope of construction projects subject to the Framework Act on the Construction Industry shall be excluded pursuant to this item.
Meanwhile, according to Article 31 (1) of the Information and Communication Work Business Act, a construction business operator shall not subcontract more than 50/100 of contracted construction work to another construction business operator unless there is any ground under the proviso of the same Article, such as where the project owner deems it necessary to improve the quality of construction work and the ability to perform construction work. According to paragraph (2) of the same Article, a subcontractor shall be a subcontractor.