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(영문) 서울고등법원 2015.01.23 2014누4124
불공정하도급거래행위 시정명령처분취소
Text

1. The plaintiff's claim is dismissed.

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

The defendant's intent of the claim is decided on December 4, 2013.

Reasons

1. Details of the disposition;

A. The plaintiff is a small and medium enterprise that runs general construction business under the Framework Act on the Construction Industry, and the appraised value of the execution capacity of the year in which the subcontract was concluded is larger than the appraised value of the subcontractor's construction capacity of the subcontractor. Since part of the construction work was entrusted to the above subcontractor according to such business, it constitutes a "original contractor" under Article 2 (2) 2 of the Fair Transactions in Subcontracting Act (hereinafter "subcontract"). The plaintiff is a small and medium enterprise owner without fault and constitutes a "contractor" under Article 2 (3) of the Subcontract Act.

The general conditions of the Parties are as follows:

General status of the parties (unit: million won) The assessed value of the capacity of a category of business operated by the name of the company (2012) shall be 1,708,708 of the assessed value of the capacity of a category of business operated by the company (10,832 subcontractor of Heung Construction Business (Civil Construction Business)

B. The Plaintiff’s act entered into a subcontract on the “facilities maintenance and management works (hereinafter “the instant construction works”) among the facilities maintenance works (hereinafter “the instant construction”) among the facilities damage works (hereinafter “the instant construction works”) among the facilities construction works (hereinafter “the Plaintiff’s act”).

(2) On March 26, 2012, the Plaintiff, who changed the construction period from March 26, 2012 to July 30, 2012, notified the Plaintiff of the termination of the instant subcontract and revoked the entrustment of the instant construction project, on the following grounds, on March 26, 2012 from March 26, 2012, to June 18, 2012, among the construction works involving heavy typhoons, during the construction period of the contract date under the name of the construction project (including KRW 1,00 and value-added tax).

(hereinafter “Revocation of Entrustment”). (1) In short of the formulation of measures for fair delivery and the review results of the detailed plan for the implementation of construction works, the submission is not made until July 14, 2012, but is not made up until now.

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