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(영문) 서울고등법원 2016.12.21 2015누2040
시정명령및과징금납부명령취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

. The unpaid amount shall be the subcontract price and the amount of violation related to the plaintiff's violation shall be as follows:

In Table 6, (units: Won Won and Value-Added Tax) (A) of the subcontract price for violation (B/A) of the subcontract price in applying the period of violation (B/A) of the subcontract price (B/A) shall be the aggregate of the penalty surcharges calculated by multiplying the amount of the violation by the period of imposition of the penalty surcharges by the 60 points [32 points of the type of violation (32 points of 80.4), the imposition point of the amount of the penalty surcharges x 80.2), the number of points of the violation x 200 times the penalty surcharges x 200 times the amount of the penalty surcharges x 200 times the amount of the penalty surcharges x 200 times the amount of the penalty surcharges x 200 times the amount of the penalty surcharges calculated on May 22, 2013.

In Table 7, (Unit 7: A: 1.2.36,576,610 on January 1, 201 and May 21, 2013; 36,576,610: 60% on May 22, 2013; 18,94, 694, 68 60% on June 60, 2014; 5% on 949, 73(b) on June 30, 2014; 4.2. c., the notice of the penalty surcharge for adjustment of the amount of penalty surcharge calculated on June 18, 201 (A) on the basis of the imposition rate of penalty surcharges (A) twice (A) for the subcontract consideration for the period of violation (A) for which the Plaintiff voluntarily reported the commencement of the instant case before the date of deliberation, and the Plaintiff voluntarily notified the subcontractor of the amount of penalty surcharge to be reduced by 20% on June 1, 2015.

(a) through (c);

(1) If the amount calculated by the Corporation exceeds three times the amount of the violation: The amount calculated by applying three times the amount of the violation shall be based on the adjustment criteria for the amount of the violation.

The defendant shall be the whole of the offenses of this case.

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