1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasons for this part of the disposition are as stated in the corresponding part of the judgment of the court of first instance except for the following specifications. As such, this part of the reasoning is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The first instance court's decision 2 pages 10 "by March 20, 2016" shall be deemed as "by March 10, 2016."

On the 2th judgment of the first instance court, the 12th judgment "Ginna" is regarded as "Winna (hereinafter referred to as "Winna")".

The first instance court's decision 3 pages 2, " May 18, 201," shall be deemed to be " May 19, 201," respectively.

The part of "D." in the 3rd 4th 4th eth eth 9th eth eth eth eth eth d below.

On February 3, 2017, the Defendant issued a prior notice to the effect that “The instant subcontract that the Plaintiff entered into with Ninna shall be subject to the suspension of business or imposition of penalty surcharges pursuant to Article 82(2)3 of the Framework Act on the Construction Industry, as a contract that violates Article 29(2) of the same Act, and shall be subject to the disposition of suspension of business or imposition of penalty surcharges pursuant to Article 82(2)3 of the same Act.” On March 3, 2017, the Defendant issued a disposition of imposition of penalty surcharges of KRW 17,50,000 (hereinafter “instant disposition”).

2. The parties' assertion

A. The Plaintiff’s assertion 1) is a constructor whose type of business differs from that of the Plaintiff, and the instant subcontract is not a “subcontract to a constructor falling under the same type of business,” which is restricted by the main sentence of Article 29(2) of the Framework Act on the Construction Industry. The said main provision cannot be applied to the instant subcontract. 2) Even if the instant subcontract is considered as an landscape construction work, which is the content of the instant subcontract, within the facility maintenance business, to be included in the facility maintenance business

Even if the plaintiff is the owner of the subcontract of this case, the council of occupants' representatives of this case.