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(영문) 서울고등법원 2016.11.24 2015누57200
시정명령취소
Text

1. On August 12, 2015, the Defendant’s corrective order indicated in attached Form 1, which was issued by the Decision No. 2015-304 against the Plaintiff, shall be revoked.

2...

Reasons

1. Basic facts and circumstances of dispositions;

A. The plaintiff is not a small and medium enterprise owner engaged in maritime transportation, international logistics intermediation, harbor transport, etc., and is not a small and medium enterprise owner, and the supplementary intervenor joining the defendant (hereinafter referred to as the "participating").

(3) The lower court determined as follows: (a) the lower court did not err by misapprehending the legal principles as to the qualifications of the Defendants.

(1) On November 2, 2011, the Busan District Court issued the rehabilitation plan approval order on November 2, 201, and all of the instant cases occurred after the authorization was granted. Therefore, the Intervenor is deemed to be the principal agent of the instant case, and all of the participants are the participants before and after the authorization was granted, and the following documents and e-mail, etc. are also indicated as the Intervenor’s participation. On the other hand, the Intervenor’s participation and e-mail, etc. are to be indicated as the Intervenor’s participation in the instant case. As a result of the business, the Intervenor’s participation and participation as the sender, or as the other party to the KELS. (hereinafter “EP”).

b)one type of steering boat 20 ton BTC straws. Cargo transport services (hereinafter referred to as “instant services”);

As the former Act on Fair Transactions in Subcontracting (amended by Act No. 14143, Mar. 29, 2016; hereinafter “subcontract”) was entrusted, and thus, the said Act is deemed to be “subcontract Act.”

2) The intervenor constitutes a principal contractor as stipulated in Article 2(2)1 of the Subcontract Act, since the intervenor is a small and medium entrepreneur entrusted with services from the Plaintiff, it constitutes a subcontractor as defined in Article 2(3) of the Subcontract Act.

3) The general status of the Plaintiff and the Intervenor is as follows: (unit: KRW 00,00, the number of regular employees employed on the basis of life-sustaining sales, 2,244, 115 2,492,8673, 394, 964 410 5,565, 10,9239, 1337, 29918 12, 2012, 2013, the number of regular employees employed on the basis of life-sustaining sales, 2013, 2013

B. 1) On March 17, 2014, the Plaintiff is Hyundai Madon Incorporated Co., Ltd. (hereinafter “Modon Subrogation”).

(B) the Cargo Transport Contract (hereinafter referred to as “instant contract”) transporting 20 tons and 20 tons crecrecrecer to the EPEP shipbuilding;

was concluded.

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