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(영문) 서울고등법원 2018.05.11 2017누33963

시정명령및과징금납부명령취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff, etc., who is a small and medium entrepreneur engaged in the business of manufacturing vessel engine components, entrusted the manufacture of “bed plate (BD PEE) where all kinds of lux oil supplied to the engine are stored after being used,” and “WRAM 2OEX (FREEX) francing the engine engine components to three business operators, such as C (D representative; hereinafter “D”), E (F representative; hereinafter “F”) and G (hereinafter “G”), a small and medium entrepreneur, etc. (hereinafter “instant subcontractors”), a small and medium entrepreneur.”

(D), F, and G’s actual business owners are both E). The Plaintiff constitutes a principal contractor as defined in Article 2(2)2 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”), and the instant subcontractor constitutes a subcontractor as defined in Article 2(3) of the Subcontract Act.

B. The Plaintiff and the instant subcontractor’s general status 1) The Plaintiff’s general status (unit: KRW 84,718,904, 911, 2997 67,95,246,2436,186, 10176, 2013 51,2012, 192,3372,561,461,40780 54,681,689,789, 63852, 7525, 1894, 2015, 186, 2017, 2013, 51, 207, 2014, 54, 2014, 192, 207, 2014, 308, 201, 205, 207, 2014, 207, 2014.

C. The current status of subcontract transactions between the Plaintiff and the instant subcontractor (unit: million won) is as follows: one transaction details, transaction period, transaction amount, and existence of the Plaintiff and the instant subcontractor.

The existence of trade transactions during the trading period between trade names is also the F Ship Engines Production from October 201 to April 1, 2013, 357 100%.