손해배상(기)
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. Of the appeal costs, the part relating to the Plaintiff’s appeal is the Plaintiff.
1. The reasoning for this case by the court of first instance is the same as that for the judgment of the court of first instance, except for dismissal or addition as follows. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
On the 6th judgment of the first instance court, the following parts shall be advanced up to the last day of the first to seven pages:
Article 95-2 subparagraph 1 of the Framework Act on the Construction Industry provides that “A person who engages in construction business without registration of construction business under Article 9(1) shall be punished for a person who engages in construction business without registration of construction business under Article 9(1)” and “a person who engages in construction business without registration of construction business under Article 9(1) shall be deemed to be included in the instant service contract,” and “construction business” shall be deemed to include not only a case where a contract for construction business or a contract for construction business is completed, but also a case where a contract for construction business or a contract for construction business is completed by means of subcontracting, as it is not an administrative agent, even if the contract for construction business or the contract for construction agency is included in the instant service contract.”
(see Supreme Court Decision 2017Do1539, Jul. 11, 2017). However, the scope of the instant service agreement includes “decision and execution of construction works (including civil construction works, such as infrastructure, etc.)” and “joint execution of construction works as a contractor.”