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Plaintiff

등의 지위 원고는 건설산업기본법에 제2조 제7호의 규정에 따른 토목건축공사업 등을 영위하는 중소기업자가 아닌 사업자로서, 중소기업자인 C 주식회사(이하 ‘C’이라 한다)에게 그 업에 따른 공사의 일부를 위탁한 자이므로 하도급거래 공정화에 관한 법률(2016. 3. 29. 법률 제14143호로 개정되기 전의 것, 이하 ‘하도급법’이라 한다) 제2조 제2항 제1호에서 정한 원사업자이다.

C is a small and medium enterprise owner who runs the business of construction of waterworks and sewerage facilities under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry, and is entrusted with the construction work from the plaintiff, and therefore, it is a subcontractor under Article 2 (3) of the Subcontract Act.

Plaintiff

The general status of C and C shall be as listed in the following table:

(Unit: (1) In 2012, the Plaintiff’s act was contracted with D Co., Ltd. (hereinafter “project owner”) for “lease E-transfer-lease construction work,” and then subcontracted the discharge of the Plaintiff through a competitive bidding by dividing the total amount of 7,943,09, such as Plaintiff’s Civil Works and Construction, 129,129,129,8303,211 3,5113,518 C water supply and sewerage construction, etc. into 3,843,2183,218 89, and then dividing the total amount of 3,843,2189, which is a construction area, into eight treatment sections at the time of Kimpo-si, which is a construction area.

Of the eight treatment sections, “F and G 2 treatment sections E” (hereinafter “instant construction”) bid at the lowest price, and the Plaintiff entrusted the instant construction to C on June 21, 2012 as indicated below.

(2) On June 21, 2012, the Plaintiff prepared an order to perform the instant construction works for the drainage facilities (hereinafter “instant drainage facilities construction”) which are part of the instant construction works at the time of bid for the instant construction works, from June 21, 2012 to March 8, 2014.