과징금부과처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a legal entity with the objective of the joint marketing processing and sales business, housing construction supply, sale and construction business, etc.
B. On March 14, 2016, C Co., Ltd. (hereinafter “C”) as the contractor for the construction of the apartment building B in Kimpo-si, Kimpo-si entered into a contract with the Plaintiff under which the Plaintiff prepared a “purchase contract” and purchased the floor board from the Plaintiff (hereinafter “instant contract”). Around March 2017, the Plaintiff entered into a contract with E managing D to take charge of the construction of the floor of the said apartment (hereinafter “instant contract”).
C. On October 24, 2018, the Defendant imposed a penalty surcharge of KRW 17,427,00 on the Plaintiff on the ground that the Plaintiff violated Article 82(2)3 of the Framework Act on the Construction Industry that concluding the instant 1 and 2 contracts violated the prohibition provision on sub-subcontracts.
(hereinafter “Disposition in this case”). [Grounds for recognition] / 【No dispute, Gap evidence Nos. 1, 2, and 12, Eul evidence No. 2, and the purport of the whole pleadings.
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion 1) Non-existence of the grounds for disposition ① The Plaintiff and C concluded a purchase contract (the instant 1 contract) with the Plaintiff, but not a subcontract for construction works. Therefore, the former Framework Act on the Construction Industry (amended by Act No. 16136, Dec. 31, 2018; hereinafter the same applies) is not the same.
(2) In addition, even if the former Framework Act on the Construction Industry applies to this case, the Plaintiff and E do not violate Article 29(3) of the former Framework Act on the Construction Industry because it is not a delegation contract (the conclusion of the contract of this case 2) but a subcontract contract between the Plaintiff and E is not a lump sum subcontract, and thus, it is not a violation of the above provision, and furthermore, it is a "other person" under Article 29(3) of the former Framework Act on the Construction Industry.