The judgment of the first instance shall be revoked.

On April 20, 2018, the Defendant imposed one point for each of the plaintiffs.

Details of the disposition

Plaintiff

A Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) is a corporation that engages in design and supervision services, etc., while Plaintiff B andC are construction project management engineers belonging to the Plaintiff Co., Ltd.

On December 22, 2015, Seoul Special Metropolitan City (hereinafter “E”) ordered “F Construction Work” (hereinafter “instant Construction Work”) to E (hereinafter “E”), and entered into a contract for construction project management with the Plaintiff Company for the instant Construction Work.

Plaintiff

B, C performed services under the above service contract.

E entered into a contract with G Co., Ltd. (hereinafter referred to as “G”) on January 18, 2016, stipulating the construction period from January 22, 2016 to May 20, 2016, the construction cost of which is KRW 755,700,000 as the construction cost and the subcontract period to each G.

Plaintiff

On January 29, 2016, the Company sent to the Defendant a written opinion of technical review (hereinafter referred to as “written opinion of review of this case”) stating that “G is qualified to perform the subcontracted construction of this case by holding the eligibility to perform the subcontracted construction of this case.”

On April 20, 2018, the Defendant: (a) subcontracted the subcontracted project to G, which is a specialized construction business entity, even though he/she grants a subcontract for the part of the ground, engineering and steel assembly of the process of the subcontracted project; (b) hosting and seal, etc., to the relevant specialized construction business entity; (c) thereby violating the standards for the qualification of the contractor of the subcontracted project in this case; (d) Nevertheless, the Plaintiffs are merely qualified as the contractor of the subcontracted project in this case; and (e) it constitutes a case where a tort has occurred due to an improper review of propriety due to the negligence in managing the subcontracted project; (e) Article 53 of the former Construction Technology Promotion Act (amended by Act No. 15719, Aug. 14, 2018; hereinafter the same shall apply); (e) Article 29360 of the former Enforcement Decree of the Construction Technology Promotion Act; and (e) hereinafter the same shall apply.