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(영문) 서울고등법원 2018.01.11 2017누64523
시정명령등취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts that there is no dispute over the details of the disposition [based for recognition], entries in the evidence No. 1-1 and No. 2, and the purport of the whole pleadings;

A. The Plaintiff’s status and the general situation 1) The Plaintiff is a small and medium entrepreneur that runs educational assistance service business and wholesale and retail business, and is a small and medium entrepreneur, who is another small and medium entrepreneur, with the recognition device installed at the end of the Guide as a type of an electronic pen, such as letters or pictures printed on the paper page for learning, and is ordinarily called “Serop” as a part of a learning tool reproduced by a face-to-face word or door string. The voice pen that the Plaintiff entrusted with the manufacture of the Plaintiff is an appearance using the face-to-face character and thus, E or F’s product was used. The manufacture was entrusted and the subcontractor’s sales in the immediately preceding business year during which the subcontract was concluded are more than the subcontractor’s sales. Therefore, the Act on Fair Transactions in Subcontracting (hereinafter “subcontract Act”).

(2) In the name of the Company C or below, the Company is omitted. The Company is a small and medium entrepreneur entrusted with the manufacture of voice fences by the Plaintiff, and is a subcontractor as defined in Article 2(3) of the Subcontract Act.

3) The general status of the Plaintiff and C is as shown in Table 1 below.

See Table 1: Plaintiff 4,340 5,063, 569 4, 145, 9193, 983 △△△△△63 △△△△△△△63 △△△△△△△△△△△△△63 △△△△△△△ 1,1682, 1682, 349 1,4222 158 6256 1256 125256 1256, 130 for the year 14 years "15 years" 15 years of "14 years of the total amount of net income of the general sales of the Plaintiff and the subcontractor.

B. On January 30, 2012, C entered into a contract for the supply of goods to manufacture and supply D and voice fences, etc. (hereinafter “instant contract for the supply of goods”), and the Plaintiff and C signed a contract for the supply of goods on March 2, 2012 between D and the Plaintiff on February 29, 2012.

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