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(영문) 서울고등법원 2017.12.20 2017누33147

시정명령및과징금납부명령취소

Text

1. The Defendant’s corrective order as set out in paragraphs 2 and 3 and 4, which was issued against the Plaintiff by resolution A on December 13, 2016, against the Plaintiff.

Reasons

1. Facts recognized;

A. The Plaintiff et al. as the Plaintiff and the Han-gu Comprehensive Landscaping Co., Ltd. (hereinafter “Korean Comprehensive Landscaping,” and in the name of all corporations, “stock company” is omitted) entrusted part of the construction work pursuant to Article 2 subparag. 7 of the Framework Act on the Construction Industry to B. Since the total amount of the assessed value of construction capacity in 2013, which is the year when concluding the contract for the entrusted construction work, is larger than B, it constitutes a principal contractor under Article 2(2)2 of the former Fair Transactions in Subcontracting Act (amended by Act No. 11842, May 28, 2013; hereinafter “subcontract”).

B is a small and medium enterprise owner engaged in landscaping planting business under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry, and is entrusted by the Plaintiff and the Hanmun comprehensive landscape (hereinafter “the principal contractor of this case”) and thus falls under a subcontractor under Article 2(3) of the Act.

B. On November 26, 2012, the principal contractor of this case entered into a contract for the prime contractor of the prime contractor contract of the prime contractor of this case (hereinafter “the prime contractor of this case”) with the Seosung Urban Corporation (the ordering person), and the Gyeonggi Urban Corporation (hereinafter “the prime contractor of this case”).

The details of the instant prime contract are as follows. The details of the initial contract for the instant prime contract are as follows. (Units: 6, 969, 433 on November 26, 2012, and 51% from November 30, 2012 to May 29, 2014, the first subcontract was concluded and the present status of the conclusion and renunciation of construction of the first subcontract was 49% from November 30, 2012. The instant prime contractor entered into the first subcontract on the grounds that the instant prime contractor divided the instant prime contract into 1,2 sections, and three construction works for landscaping facilities, and that one construction section for landscaping landscaping is one comprehensive light.