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(영문) 서울중앙지방법원 2014.01.09 2013고정5848
하도급거래공정화에관한법률위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

1. Each defendant A is a corporation incorporated for the purpose of architectural design and supervision services, etc., as the representative director B and the defendant B.

2. On September 6, 2008, Defendant A entered into an entrustment contract with D and 70 million won for the construction of the E swimming pool construction work at the B office of the Defendant’s management company located in Gangnam-gu Seoul, Seoul, and paid KRW 12,50,000 as advance payment to D around October 6, 2009.

D Around December 28, 2010, a corporation transferred the status of contractor F related to the above design service to F, and F supplied the above design books to the Defendant two times on January 26, 201 and on February 11, 2011.

Although the Defendant paid the F a subcontract price to F within 60 days from the date of completion of the service, the Defendant paid 5 million won out of the unpaid subcontract price on March 29, 2012, and did not pay 52,500,000 won to F.

The Fair Trade Commission decided to issue a corrective order on January 2, 2013, “F shall pay the unpaid subcontract price of KRW 52,500,000 and the interest on the delayed payment of KRW 964,00,00 to F in relation to the design service of the E swimming pool construction.”

Around January 9, 2013, the Defendant received a request from the Fair Trade Commission to comply with the above corrective order on or around February 26, 2013 and around March 21, 2013 to comply with the above corrective order without justifiable grounds, as well as to comply with the above corrective order.

3. Defendant B, at the time and place specified in paragraph (2), committed the above violation against Defendant B, who is the representative director of the Defendant, in relation to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. Examination protocol of Defendant A by the prosecution;

1. Sending a written accusation to the Fair Trade Commission;

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