1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff as a party is a corporation established around 200 for the purpose of the development, supply, and sale of software. The Plaintiff is a principal contractor under Article 2(2)1 of the Fair Transactions in Subcontracting Act, who has entrusted the development of information programs and the maintenance and repair of systems to 93 small and medium enterprises, including B, etc.

B. On July 11, 2017, the Fair Trade Commission deliberated and resolved on the Plaintiff, which ordered the Plaintiff to take corrective measures to prevent the recurrence of the following three violations (hereinafter collectively referred to as “each of the instant violations”), and to order the payment of a penalty surcharge of KRW 16 million.

(Case No. C, Resolution No. D) 1) The Fair Transactions in Subcontracting Act (hereinafter “subcontract”) which violates the duty to issue a document;

(2) According to Article 3(1)4 of the Act, the principal contractor shall issue to the subcontractor a document stating the terms and conditions of the subcontract, such as the subcontract price and the method of payment thereof, prior to the commencement of the subcontractor’s service, but the Plaintiff violated the said provision by issuing a document concerning the subcontract transaction after the lapse of 10-323 days. (2) According to Article 3-4(1) of the Act on the Subcontract for Establishment of Unfair Special Agreement, the principal contractor is prohibited from unfairly infringing or restricting the subcontractor’s interests, but the Plaintiff may terminate the contract at the request of the Plaintiff, such as the reduction of work performance, etc.

According to Article 13(8) of the Subcontract Act, if the principal contractor pays the subcontract price after the lapse of 60 days from the date of receipt of the object, etc., 40% per annum for the excess period.