부당이득금반환 등
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff (Counterclaim defendant).
The grounds of appeal are examined.
1. Article 2(1) of the former Fair Transactions in Subcontracting Act (amended by Act No. 11461, Jun. 1, 2012; hereinafter “former Subcontract Act”) provides that “If a principal contractor entrusts a subcontractor with manufacturing, repair, construction, or service, or a principal contractor re-commissions a subcontractor with manufacturing, repair, construction, or service that is entrusted by another business entity, the former Act refers to an act of delivery, delivery, or provision to a principal contractor by manufacturing, repair, construction, or service that the entrusted subcontractor is entrusted, and receiving compensation therefor,” and Article 2(1) of the same Act provides that “The term “service entrustment in this Act means that a business entity engaged in the business of preparing knowledge and information products or in the supply of service, entrusts a third service provider with all or part of the performance of service in accordance with such business.”
In addition, Article 3(1) and (2) of the former Subcontract Act provides that “if a prime contractor entrusts a subcontractor with the manufacture, etc., the prime contractor shall issue to the subcontractor a document stating the details of the subcontract, such as the subcontract price and the method of payment thereof, and the requirements, method, procedure, etc. for the adjustment of the subcontract price based on the price fluctuation in raw materials under Article 16-2(1).” Article 4(1) of the former Subcontract Act provides that “if the prime contractor entrusts the subcontractor with the manufacture, etc., he/she shall not compel the subcontractor to determine the subcontract price at a remarkably lower level than the price that is paid for the same or similar manufacture, etc.
2. Review of the reasoning of the lower judgment and the record reveals the following facts.
The plaintiff around July 201, 201 is the defendant who is located in Busan Northern-gu D from the non-party C.