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(영문) 서울고등법원 2016.09.23 2014누70831
시정명령등취소
Text

The defendant's disposition on October 29, 2014, as the Fair Trade Commission's decision No. 2014-240, in attached Form 1, against the plaintiff.

Reasons

1. Facts based on which there is no dispute over the details of the relevant facts and dispositions (based on recognition), the details of the relevant facts and dispositions, and the purport of all pleadings;

A. The Plaintiff is a business proprietor who is not a small and medium business proprietor who has entrusted all or part of the construction work to the Dispute Settlement Bank Co., Ltd. (hereinafter “A”), and is a principal contractor as defined in Article 2(2)1 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”).

A is a small and medium enterprise owner who runs a construction business related to machinery and equipment works and gas facility works, and is a subcontractor prescribed in Article 2 (3) of the Subcontract Act that has been fully or partially entrusted by the plaintiff.

B. From 2010 to 2012, the Plaintiff was entrusted with 8 projects, including B apartment heating conversion works, in a lump sum as follows.

Details of a subcontract of construction (unit: : 2. 0. 2. 2. 1: contract period of 2. 1. B. 4. 2. 4. 2. 4. 5 to 2. 3. 4. 7. 4. 4. 5 to 20. 4. 8. 2. 2. 4. 2. 4. 1. 5 to 2. 3. 8. 2. 2. 4. 4.2, 20, 2010 to 4. 7. 8. 2. 2. 5, 20. 2. 2. 10 to 4. 5. 2, 2010; 2. 5. 2. 7. 2, 2010 to 5. 29. 2. 3. 2, 2010; 3. 3. 5. 2010 to 5. 10

C. On October 29, 2014, the Defendant’s disposition is as indicated in attached Table 1 in relation to the Plaintiff’s above subcontract transaction against A.

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