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(영문) 서울행정법원 2018.08.23 2017구합84228

과징금부과처분취소

Text

1. On August 7, 2017, the Defendant imposed a penalty surcharge on the Plaintiff as stated in the separate disposition list, respectively.

Reasons

1. Details of the disposition;

A. The Plaintiff, a corporation established on May 10, 201 and engaged in the housing construction business, etc., entered into a subcontract three times with regard to reinforced concrete construction among the instant construction works, as shown in the following table, while entering into a contract for a new construction of B-owned housing (the construction site: The construction site C, hereinafter “instant construction”) and entering into a contract with D (hereinafter “D”).

(hereinafter “instant subcontract”). The contract amount (including value-added tax; won) of the first subcontract for the construction period (including the first subcontract) on September 10, 2015 to December 30, 2015, from September 10, 2015 to December 30, 2015, the second subcontract contract of 151,800,000 on February 22, 2016 to May 248, 2016 from February 22, 2016 to May 30, 2016. < Amended by Presidential Decree No. 27817, Jul. 1, 2016; Presidential Decree No. 27801, Dec. 401, 2016>

B. Of the special terms and conditions of the instant subcontract agreement on August 7, 2017, the Defendant shall be subject to D with all responsibilities arising from the occurrence of a disaster. When a disaster occurs, D shall independently compensate the victim for the damage, and shall submit in writing a written agreement under the joint signature of the victim to waive all civil and criminal claims against the Plaintiff (hereinafter “instant special agreement”)” and the phrase “1. General Terms and Conditions of “(1.........,” “each of the instant special agreements shall belong to the Plaintiff when the Plaintiff wishes to terminate the instant contract” (hereinafter “instant special agreement”). The phrase “each of the instant special agreements shall belong to the Plaintiff,” the phrase “each of the materials, information, and convenience at the construction site that the Plaintiff requires upon the unilateral termination of the contract,” constitutes an unfair special agreement under Article 38(2) of the Framework Act on the Construction Industry (amended by Act No. 15306, Dec. 26, 2017; hereinafter “Framework Construction Industry Act”) and Article 8(15(2) of the Framework Act”).