The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

1. Details of the disposition and related regulations;

A. The Plaintiff was awarded a contract for the “five sections for apartment construction work” (hereinafter “instant apartment construction work”) ordered by the Korea Land and Housing Corporation (LH) by organizing a joint contractor with E Co., Ltd. (hereinafter “LH Corporation”).

B. On October 7, 2016, the Plaintiff entered into a contract with the non-party C Co., Ltd. (hereinafter “non-party C”) on the terms of subcontracting with the contract amount of KRW 2,720,000,000, and the construction period from October 10, 2016 to September 6, 2017. On October 15, 2016, the Plaintiff notified the LH Corporation, the ordering person.

C. On November 28, 2017, the Defendant imposed a penalty surcharge of KRW 7,426,000 on the Plaintiff pursuant to Article 82(2)3 of the Framework Act on the Construction Industry on the ground that the Plaintiff subcontracted the instant part of the instant painting and de factoing construction work (hereinafter “actualing work”) to a non-party company that did not hold a license for a design, waterproof and lighting work business, thereby violating Article 25(2) of the said Act (hereinafter “instant disposition”).

The provisions related to this case are as shown in the attached Form.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1-2, Gap evidence 6, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion

A. 1) The grounds for the instant disposition by the Defendant are the items of mycodinging construction inside the bath room during the instant construction work. The Plaintiff cancelled the instant disposition without commencement of construction work after entering into a subcontract. In such a case, the act of “subcontract with a constructor without registration” was retroactively extinguished, and thus, there is no violation of the Framework Act on the Construction Industry at the time of the instant disposition. 2) The Plaintiff’s act of violating the Framework Act on the Construction Industry does not exist.