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(영문) 서울중앙지방법원 2019.06.20 2018노2651
건설산업기본법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) Defendant B Co., Ltd. (hereinafter “Defendant Company”).

E Co., Ltd. (hereinafter referred to as “E”)

) Part of the instant construction subcontracted to the Plaintiff. The instant construction is a D Apartment (hereinafter “instant apartment”).

The main contents of the instant construction are to replace the aged water supply pipe. The main contents of the instant construction are to replace the aged water supply pipe with the sterode pipe and to change the water supply tank from the natural fall-off method using the roof water tank. The council of occupants’ representatives concluded a contract with the Defendant Company with comprehensive contents, such as the selection and construction of materials related to the instant construction, inspection, commencement, and preparation of documents necessary for the report on completion of construction. In the instant case, the selection and purchase of the sterop pipe and posters pumps with adequate quality is considerably more important than the construction in the instant construction contract. The construction cost of the instant construction contract is the amount calculated by deducting value-added tax from the total construction cost of KRW 715,330,00 (total construction cost of KRW 715,30,000).

A) KRW 209,911,630, which month one-third of the instant construction works, was calculated as direct material costs. The Defendant Company directly determined the selection and purchase of the said materials without subcontracting, and received direct inspection of materials from the supervisor. Moreover, the Defendant Company continued to manage and supervise them through an on-site agent and on-site engineer, and E was merely merely providing simple labor according to the construction method and construction period by work that the Defendant Company had already prepared. Furthermore, the purport of the provision on the restriction of subcontract scope under the Framework Act on the Construction Industry is not impaired because the instant construction works were not poor due to the subcontract of the instant construction works. 2) Administrative control is also an applicable law.

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