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(영문) 서울중앙지방법원 2015.01.29 2014고정5523
하도급거래공정화에관한법률위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation B, and the defendant corporation B is a corporation established for the purpose of architectural design and supervision business.

1. On October 17, 201, Defendant A entered into a subcontract with 2 million won for landscaping design among the design of the new construction works of the D University Training Institute, which was contracted by the Defendant at the Gangnam-gu Seoul Metropolitan Government Office B (hereinafter “B”), among the new construction works of the D University Training Institute, Defendant A entered into a subcontract with the company for landscaping design at KRW 35 million, and around that time, Defendant A entered into a subcontract with the company for landscaping design at KRW 2 million among the new construction works of the E church parking lot at the E church, and KRW 8 million for F apartment construction works, and KRW 2 million for transfer facility construction works at the G station site development project at KRW 2 million, respectively.

The Defendant received a total of four design service contract outcomes from the foregoing landscaping design from around June 30, 2012 to December 26, 2012. Therefore, even if the payment of the subcontract consideration is to be made within 60 days from the completion date of the service, the Defendant paid a total of KRW 17 million out of the total of KRW 48 million and did not pay the remainder of KRW 31 million.

The Defendant, upon the accusation of the above mediation design, adjusted to pay the subcontract price of KRW 34,363,636 (including additional taxes) payable by the Subcontract Mediation Council of the Korea Fair Trade Mediation Agency by November 31, 2013, but did not perform the mediation; on January 15, 2014 and February 24, 2014, the Defendant demanded that the Fair Trade Commission implement the above mediation contents twice, but did not comply with it without justifiable grounds.

2. Defendant B, at the time and place specified in paragraph (1), committed the above violation against Defendant B, who is the representative director of the Defendant, in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol of mediation and written agreement;

1. Urging to comply with the corrective order, and execution of the corrective order;

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