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(영문) 서울고등법원 2019.12.19 2019누57628

과징금납부명령취소

Text

1. The plaintiff's claim is dismissed.

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

Purport of claim and appeal

B. The defendant

Reasons

1. Basic facts

가. 원고 등의 지위 및 일반현황 원고는 토목건축공사업 등을 영위하는 중소기업자가 아닌 사업자로서 중소기업자인 D 주식회사(이하 회사명을 기재하는 경우 ‘주식회사’를 생략한다) 등 41개 사업자에게 도장공사 및 주방가구 등을 건설 또는 제조위탁 하였으므로, 구 하도급거래 공정화에 관한 법률(2019. 4. 30. 법률 제16423호로 개정되기 전의 것, 이하 ‘하도급법’이라 한다) 제2조 제2항 제1호의 원사업자에 해당한다.

D, 41 business operators, such as D, are small and medium business operators who are entrusted with the construction or manufacture of painting, main household, etc. by the plaintiff, and therefore, they are subcontractors under Article 2 (3) of the Subcontract Act.

The general status of the plaintiff shall be as shown in Table 1, and the general status of the subcontractor shall be as listed in attached Table 2.

1. Table 1: The number of regular employees who are assessed on the basis of the ability to perform the net income for the current term of the current term (unit: KRW 423,729,37,923 121,07 1,550 636,434 171,302 252, 130 1,5507 201,550 487,901 114,232,720,3855 152, 2016

B. The current status of competition in the specialized construction market is that production activities primarily take place, and that it is difficult to produce mass products due to standard cost, and it is very important to secure sufficient quantity of stock in order to continue to conduct the business.

Since the global financial crisis in 2008, the domestic construction market has been continuously decreasing the volume of construction orders and has been converted from 2014 to the recovery tax, and the games have been somewhat recovered in 2015, such as the dynamic highest value, but the number of companies have continued to be competition due to the increase in the capital of construction companies.

In particular, in the case of a specialized construction business, the poor management environment will be applied to the level of higher level of securing minimum fixed operation cost than profit trend due to the intense competition.