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1. The Defendant’s corrective order issued against the Plaintiff on November 17, 2015 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. The KimWD Co., Ltd. (hereinafter “GAWD”) was awarded a contract for the “B installation work” from Seongdong-gu to KRW 469,132,250 for the construction cost.
B. On March 24, 2015, the Plaintiff was subcontracted to KRW 323,109,040 for the construction cost of the removal and relocation of the foregoing construction work, civil engineering work, and packing work (hereinafter “instant construction work”).
C. Around May 15, 2015, the Plaintiff subcontracted the instant construction to C with the contract price of KRW 17,000,000,000 during the instant construction project.
C A Co., Ltd. requested to lease construction machinery, such as digging machines, at the construction site of this case, at the construction site of this case (hereinafter referred to as “Woo Construction Heavy Co., Ltd.”), and accordingly, during the construction site of the instant construction period, the construction machinery was leased at the construction site of this case from May 15, 2015 to July 4, 2015.
E. At the time of leasing construction machinery at the construction site of this case, Maan Construction Co., Ltd. prepared each standard construction machinery lease contract (No. 4, hereinafter referred to as “the instant contract”). Of the instant contracts, a considerable number of lessees are indicated in the mutual column of each of the instant contracts as “A” or “D,” and the mutual column of the rest of the contract is public column. In the field agent or lessee’s name column, Kim T&D’s field agent E, C, and Plaintiff’s employee F, etc. at the construction site of this case is signed.
F. Before July 3, 2015 and around July 4, 2015, 2015, Postal Construction Co., Ltd demanded C to pay a total of KRW 43,800,000 for construction machinery rental fees by presenting a transaction statement regarding construction machinery leased. On August 26, 2015, Postal Construction Co., Ltd demanded the Plaintiff to pay a total of KRW 42,918,750 for construction machinery rental fees, but failed to receive rental fees from C and the Plaintiff.
G. The Plaintiff during the construction period of Dou Construction from the Kim T&D World at the Seoul Metropolitan Government Subcontract Support Center.