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(영문) 대법원 2017.05.11 2014두13966
시정명령 등 처분취소
Text

Of the part against the Defendant of the lower judgment, the part of the corrective order indicated in attached Table 1 shall be reversed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the Plaintiff’s grounds of appeal, this part of the grounds of appeal is to dispute the fact-finding by the lower court, and is merely an error of the selection of evidence and determination of value of evidence belonging to the free trial of the lower court.

In addition, even if examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on interpretation of a juristic act regarding

2. As to the Defendant’s ground of appeal

A. Ground of appeal No. 1) The former Fair Transactions in Subcontracting Act (amended by Act No. 12709, May 28, 2014; hereinafter “subcontract”)

The system of direct payment under Article 14(1) of the Subcontract Act is to protect a subcontractor (i.e., a subcontractor) by bearing the obligation of direct payment of a subcontract price to a contractor (i.e. a subcontractor) upon the direct payment agreement or upon the request of a subcontractor. In such cases, the contractor bears the obligation of direct payment to the subcontractor within the scope of the obligation of the subcontract price (Article 9(3) of the Enforcement Decree of the Fair Transactions in Subcontracting Act (hereinafter “Enforcement Decree of the Subcontract Act”) and at the same time terminates (Article 14(2) of the Subcontract Act). According to Article 14(1)2 of the Subcontract Act (Article 14(2) of the Subcontract Act, where the subcontractor’s obligation of direct payment to the subcontractor and the subcontractor’s obligation to pay the subcontract price to the subcontractor is “where the subcontractor and the subcontractor agree to pay the subcontract price directly to the subcontractor, the subcontractor may not request the direct payment by the subcontractor.

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