1. The plaintiff's claim is dismissed.

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

1. From February 2009 to December 2, 2015, the Plaintiff: (a) manufactured or entrusted 158 subcontractors, including B, with respect to “C Construction”; and (b) manufactured or entrusted 138 subcontractors, including D, from February 2013 to January 2016 with respect to “E Construction.”

On January 9, 2019, the Defendant issued a corrective order and a penalty surcharge payment order (hereinafter “instant disposition”) to the Plaintiff on the following grounds as stated in the attached Table 1 list:

The Plaintiff did not pay 179,184,000 won for overdue interest for the excess period, while paying the subcontract consideration more than 60 days from the date of approval for use, which is the date of receiving the object of the subcontract consideration.

The Plaintiff’s act is in violation of Article 13(8) of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”).

The Plaintiff paid subcontract consideration as a means of payment in lieu of a bill in relation to “E”, etc., and did not pay KRW 10,310,000 for the period from the date more than 60 days from the date of approval for use of the object to the date of redemption.

The plaintiff's act violates Article 13 (7) of the Subcontract Act.

[Reasons for Recognition] No. 1, Gap evidence No. 1, Eul evidence No. 2, the purport of the whole pleadings

2. Whether the ground for the instant disposition exists

A. The gist of the Plaintiff’s assertion is that the Plaintiff acquires an object only when the Plaintiff completed an inspection upon receiving a notice of flag or completion from the beneficiary’s business operator. On the contrary, when the Plaintiff obtained approval of use under the Housing Act or the Building Act, it is not allowed to take over the object.

The last process in the construction of new apartment buildings (such as windows, seals, remote areas, and furnitures) is essential to further and supplementary construction as it can be easily found out defects on the land.

The plaintiff and the subcontractor need to perform supplementary construction after inspecting the object before the contract period expires.