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(영문) 서울고등법원 2015.12.18 2014누69534
시정명령취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

The defendant of the claim is a decision A on June 11, 2014.

Reasons

1. Details of the disposition;

A. The status of the parties and the general status of the Plaintiff is a small and medium entrepreneur engaged in the business of manufacturing basic compounds and electronic parts. A business entity whose sales in the immediately preceding year (201) immediately preceding the subcontract agreement was concluded (hereinafter “stock company” in the trade name) amounting to at least 2 billion won is larger than the sales in the stock company B (hereinafter “stock company”). Since the manufacture of NFC is entrusted to B, it constitutes a principal contractor under Article 2(2)2 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”), and B is a subcontractor under Article 2(3).

The general status of the Parties shall be as follows:

Party General Status (2011 unit: 1 million won, name) (the number of regular employees, who are regularly employed by Plaintiffs 8,327 6,000 B 97 56 B 977 56

B. Since the Plaintiff’s act established the antenna Business Department around June 201, the Plaintiff received orders for the production of NFC antenna from C Company and subcontracted to B as it is, and supplied goods produced by B to C Company, thereby obtaining a substantial benefit of brokerage commission.

On November 9, 2012, the Plaintiff entrusted the manufacture of NFC Antenna MFP34C Model 120,000 and MF336C Model 10,000.

B requested the Plaintiff to receive the consigned model on November 21, 2012 after completing the production. On December 10, 2012, the Plaintiff requested the receipt of the MFP344C model 120,000. However, the Plaintiff rejected the receipt of the MF34C model.

MFP336C Model 10,000 were supplied directly to the Company B and recovered the price.

(A9)(c)

The Defendant’s disposition: (a) on November 9, 2012, the Plaintiff entrusted the manufacturing of NFC antenna MFP34C model 120,000; (b) manufactured them and demanded the Plaintiff to receive them on December 10, 2012; (c) refused to receive them; (d) upon entrusting the manufacturing, only a part of the matters in the court, such as the date of entrustment, the contents of the object, the time and place of delivery, etc., are stated in the subcontract price and its payment method; and

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