Defendants are not guilty.

1. Facts charged;

A. Defendant B is the representative director of the C Co., Ltd. located in Busan Suwon-gu E.

No constructor shall have another person receive a contract for or perform construction works by using his/her name or trade name.

Nevertheless, on September 7, 2012, the Defendant had A perform F new construction works using the name of the said C Co., Ltd. in the office of the said C Co., Ltd.

(b) No person who is a defendant A shall supply or execute construction works by using the name or trade name of another constructor;

Nevertheless, from September 7, 2012 to November 201 of the same year, the Defendant used the name of C Co., Ltd. to perform the new construction work of multi-family housing under the said paragraph.

C. On September 7, 2012, Defendant C, a representative of the Defendant, committed a violation in relation to the Defendant’s business as above.

2. Defendant C Co., Ltd. (hereinafter “Defendant C”)’s assertion as to the Defendants and their defense counsel is the project owner G at the request of the project owner G and actually completed the construction with Defendant C, a supervisory agent, and actually participated in the construction work. Therefore, it cannot be deemed as the name lending under the Framework Act on the Construction Industry.

3. Determination

(a) For the purpose of Article 21 of the Framework Act on the Construction Industry, the term “the act of having another person execute the construction work using his name or trade name” shall be interpreted to mean the case where the other person knowingly agrees to use his trade name or trade name for that purpose while carrying out the construction work with qualified constructor with his trade name or name;

As such, all or most of subcontracted construction works in the name of any constructor were executed by any other person.

even if the constructor does not do so.