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(영문) 서울고등법원 2019.02.21 2018누66267
과징금부과처분취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the reasoning of the judgment of the court of first instance, is the same as the reasoning of the judgment of the court of first instance, except where the reasoning is written or added as stated in paragraph (2). Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of

2. The part of “this Court” under one of the eight-dimensional boxes, written or added, shall be referred to as “court of the first instance.”

9. The testimony of this Court E by inserting witness shall be added to one of the following 1 copies of the 9th letter box (based on recognition).

12 Underline 12, the part “this Court” of 9 lines shall be referred to as “court of first instance”.

12 5 lines at the bottom of the 12th shall include the following:

“E, who was a manager of D, was present in this Court, and stated to the effect that “D, a small business entity, is bound to accept all the demands of the Plaintiff in the position of A, and thus, entered into the instant subcontract agreement contained in each of the instant agreements. D did not raise any objection, such as demanding revision of each of the instant agreements during the process of concluding the instant subcontract,” and even according to the aforementioned testimony, there seems to be no specific circumstance to deem D was forced to perform each of the instant special agreements except that D was in the position of receiving construction from the Plaintiff even according to the aforementioned testimony;

3. Conclusion, the first instance judgment is justifiable, and the defendant's appeal is dismissed as it is without merit.

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