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(영문) 서울고등법원 2017.11.29 2017누57457
과징금납부명령취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

Plaintiff

The plaintiff is an entrepreneur who is not a small and medium entrepreneur engaged in the business of manufacturing furnitures for interior construction works, and is a small and medium entrepreneur defined in Article 2 (1) of the Framework Act on Small and Medium Enterprises. In the case of construction business, the plaintiff is a small and medium entrepreneur who employs less than 300 regular workers or less

Since it is a person who has entrusted 16 small and medium enterprises, such as A, with the manufacture of interior construction furniture, etc., it is the principal contractor under Article 2 (2) 1 of the Fair Transactions in Subcontracting Act (hereinafter referred to as the "subcontract Act").

The general status of the plaintiff is as listed below.

(unit: 16 business operators, including △△△△, 342 200 20, 2015, 877 20, 11123 A, are small and medium business operators, and are entrusted by the Plaintiff with the manufacture of a household, etc. for interior construction, and thus, fall under the subcontractor under Article 2 (3) of the Subcontract Act, since 16 business operators, including △△△△△, 342 200 200 201, 342 200 2015 200, 111, 223 A, etc. are small and medium business operators.

The Plaintiff’s act, during the period from December 1, 2013 to July 31, 2016, upon entrusting 16 subcontractors, etc. with the manufacture of furniture, etc. for interior construction works, received the subject matter, and then paid KRW 47,775,394,00 as a bill of exchange for the payment of KRW 47,775,394,000 for the period from the date on which 60 days have elapsed from the date of receipt of the subject matter (hereinafter “legal payment date”), did not pay the discount charge for the period from the date on which 60 days have elapsed from the date of receipt of the subject matter

(hereinafter “instant bill discount payment”). On November 22, 2016, the Plaintiff paid 877,008,000 won of the instant discount charge to the relevant subcontractor.

Details of bill discount payment (unit: KRW 7,867,95, 92-92-126, 165, 292 B B 17,104, 709 72-9 72-98, 376.

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