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(영문) 서울고등법원 2016.11.11 2016누38831
시정명령및과징금납부명령취소
Text

The Defendant’s corrective orders and orders stated in attached Form 1 (Attached Form 1) to the Plaintiff as the Decision No. 2016-048, Feb. 5, 2016.

Reasons

1. Facts based on which there is no dispute over the details of the relevant facts and disposition (based on recognition), entry of evidence A1 and 14, and the purport of the whole pleadings;

A. The Plaintiff is a small and medium business owner under Article 2(1) of the Framework Act on Small and Medium Enterprises that operates the business of manufacturing vessel components and parts, and the Plaintiff is a principal contractor under Article 2(2)1 of the former Fair Transactions in Subcontracting (amended by Act No. 14143, Mar. 29, 2016; hereinafter “subcontract”) who is a small and medium business owner, five companies, including A (in cases of referring to a stock company, “stock company,” the description of “stock company”). Since annual sales for the business year immediately preceding the conclusion of a subcontract are more than five business operators, the Plaintiff is a principal contractor under Article 2(2)1 of the former Fair Transactions in Subcontracting Act.

The general status of the plaintiff is as shown in Table 1.

See Table 1 (unit: . . million won, name) The net profit per unit sales on the date of establishment of the company, in 2012, 2013, 2014. 8. 15,843 27,318,49 20,290-13, 482-6, 7835,964 1,692 A, etc. (hereinafter “the instant subcontractor”) is a subcontractor under Article 2(3) of the Subcontract Act, since five companies, including the Plaintiff, were entrusted with the processing of vessel block assembly, etc. related to their business.

The general conditions of the subcontractor shall be as shown in the attached Table 2.

No. 2 No. 1,005 (unit: 00,000 won) of installation of 1 AB block assembly 4,403 2C D ship block assembly 218 3 E D ship block assembly 520 4 F G ship block assembly 993 H I ship infrastructure installation 1,005 (unit: 00,000 won)

B. The Plaintiff, like attached Table 3, entrusted 5 companies, including A, with the manufacturing process, such as assembling vessel blocks.

See Table 3: Group 1 A ship block assembly for the subcontract period of trade terms entrusted with each other 1. through 2.1.

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