건축에관한 소송
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are justified in light of the evidence submitted in the court of first instance
Therefore, this court's decision is cited by the main text of Article 420 of the Civil Procedure Act, since the reasoning of the first instance judgment is the same as that of the plaintiff's appeal, except for the following additional judgments.
2. Additional determination
A. If the Plaintiff’s assertion is not the management entity of the instant construction materials, H that subcontracted to the Plaintiff is the management entity, and the Defendant is in the position of the owner, and H did not pay the Plaintiff the Plaintiff the user fee of the instant construction materials. Therefore, the Defendant is obligated to pay the Plaintiff the user fee of the instant construction materials pursuant to Article 14(1)3 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”).
B. In order for the Plaintiff, the subcontractor, to directly claim the construction cost based on the above provision of the Subcontract Act against the Defendant, the subcontractor, the subcontractor, shall be deemed to fall under the “small and medium enterprise owner” under Article 2(3) of the Framework Act on Small and Medium Enterprises and Article 3 of the Enforcement Decree thereof, which corresponds to the subcontractor pursuant to Article 2(10), Article 2(2)1 and 2 of the Subcontract Act and Article 2(4)2 of the Enforcement Decree thereof, and Article 2(4)2 of the Enforcement Decree thereof. A business owner, who is not a small and medium enterprise owner, entrusts a small and medium enterprise owner with manufacturing, etc., or a small and medium enterprise owner, whose annual sales in the immediately preceding business year are larger than those of other small and medium enterprises entrusted with manufacturing, etc. (However, in cases of entrustment with construction, excluding a small and medium enterprise owner whose annual construction capability is below three billion won). However, there is no assertion as to this point.