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(영문) 수원지방법원 2018.05.16 2017나73921
기타(금전)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: (a) the phrase "where so," from the phrase "the 7th judgment of the court of first instance" to the second sentence of the 8th judgment; and (b) the plaintiff added "the 3. additional judgment" to the argument that the plaintiff added or emphasized in this court is identical to the reasons for the judgment of the court of first instance; and (c) therefore, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. However, the instant construction project is an information and communications construction project under the Information and Communications Construction Business Act, which is excluded from the application of the Framework Act on the Construction Industry pursuant to Article 2 subparagraph 4 (b) of the Framework Act on the Construction Industry, and there is no provision explicitly prohibiting the payment of rebates in the information and communications construction business

However, in addition to construction works, the agreement to pay rebates in return for a subcontract for an information and communications construction project is likely to restrict the choice of a construction project equipped with adequate execution capacity and cause problems such as defective construction. It is reasonable to deem that the agreement to pay rebates in return for a subcontract for an information and communications construction project is also an act detrimental to the social order even if the relevant statutes are not explicitly prohibited (see Supreme Court Decision 2012Du7608, Jan. 15, 2015). In light of the legal principle that the agreement to pay rebates in return for a subcontract for a construction project is an act contrary to good morals and other social order (see Supreme Court Decision 2012Da116499, May 29, 2014).

Therefore, the Information and Communication Construction Business that applies to the instant construction work shall pay rebates.

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