The judgment below

The part against the Defendants is reversed.

Defendant

O In 1,000,000 won, Defendant.

Summary of Grounds for Appeal

A. As to the mistake of facts or misapprehension of legal principles, Defendant N Co., Ltd. (hereinafter “N”) on the violation of subcontract restriction (as to the Defendant)

) Defendant P Co., Ltd. and Defendant P Co., Ltd (hereinafter “P”).

AF Corporation (hereinafter “instant electrical construction”)

(2) As to the execution of the instant electrical construction by the name transfer (as to Defendant O and P, the instant electrical construction was executed by employing P as a staff member of PB and Q, the DefendantO did not lend P’s name to AB and Q and caused P to perform electrical construction.

B. The lower court’s sentence of unreasonable sentencing (Defendant M, N: each fine of 2 million won, Defendant O: fine of 3 million won, Defendant P: fine of 4 million won) is too unreasonable.

2. Determination

A. 1) In the event that construction business operators agree to implement the contracted construction work jointly with the ordering person by constituting a joint contractor, the construction business operators, who are members of the joint contractor, shall be jointly and severally liable to the ordering person, and the liability for the execution shall not be limited in accordance with the internal investment ratio of the joint contractor.

In such a case, even if the members of a joint supply and demand company have determined differently from the ratio of their respective construction share to their contracted construction works, the members of a joint supply and demand company which has executed construction works in excess of their own investment ratio do not change their respective construction liabilities to their respective project owners. Thus, the members of a joint supply and demand company who have executed construction works in excess of their own investment ratio can be deemed to have executed construction works in lieu of their other members

Article 14 (1) of the Electrical Construction Business Act shall apply to a constructor.