1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The reasons for the entry of this case by the court in this case are as follows: (a) the term “matters of special agreement” in Part 6 of the judgment of the court of first instance as “the terms and conditions of the subcontract for construction work”; and (b) the Defendant’s new arguments are as stated in the corresponding part of the judgment of the court of first instance, except for the determination as follows; and (c) it is acceptable in accordance with

2. Judgment on the defendant's new argument

A. The Defendant’s determination as to the assertion that the terms and conditions of the instant subcontract agreement are null and void shall not set forth the terms and conditions that unreasonably violate or restrict the interests of the subcontractor (hereinafter “unfair special agreement”) under Article 3-4 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract Act”).

(2) Any of the following agreements shall be deemed an unfair special agreement:

1. An agreement that imposes on the subcontractor any expenses incurred in demanding any matter not written in Article 3 (1);

2. An agreement that imposes expenses incurred in treating civil petitions, industrial accidents, etc. to be borne by a principal contractor on a subcontractor;

3. An agreement that imposes on the subcontractor any expenses incurred in demanding any matter not related to the details of bidding by the principal contractor;

4. Other provisions that are newly established under the Subcontract Act, amended by Act No. 12097, Aug. 13, 2013; this Act enters into force on February 14, 2014, following the lapse of six months after the promulgation of the Addenda, because they claim that the agreement prescribed by Presidential Decree, such as restricting a subcontractor’s interest under this Act, or transferring a principal contractor’s obligation to a subcontractor constitutes an “unfair special agreement” prohibited by Article 6-2 of the Enforcement Decree of the same Act.