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1. The plaintiff's rehabilitation claim against D Co., Ltd. shall be confirmed as 365,008,291
2. The plaintiff's remainder.
Reasons
Facts of recognition
A Co., Ltd. (the rehabilitation procedures commenced and appointed B and C as joint managers; hereinafter referred to as “stock company”) is a company that has entrusted the manufacture of ship pipes to six business operators (F, G, H, I, and J) such as D, and constitutes a principal contractor under Article 2(2)1 of the Fair Transactions in Subcontracting Act (amended by Act No. 11842, May 28, 2013; hereinafter referred to as “subcontract”).
six business operators, such as D, are small and medium business operators entrusted with the manufacture by A, and are the subcontractors defined in Article 2 (3) of the Subcontract Act.
The Fair Trade Commission's disposition made on October 30, 2012, on the ground that the Fair Trade Commission unfairly decided the subcontract price by reducing the total price of KRW 1,286,428,00 (including additional tax) by 1,286,428,00 in total without justifiable grounds while entrusting six business operators, such as D, etc. (not including six business operators, such as D), five business operators on April 1, 2009 (excluding I), and D, etc. on March 29, 2010, by manufacturing each vessel pipeline and reducing the unit price (production cost) without justifiable reasons. Pursuant to the Subcontract Act, A is subject to a corrective order (payment order), an order to conduct education, and an order to pay penalty surcharges (hereinafter referred to as "disposition of this case") as follows:
3. A shall not engage in any act identical with the determination of the subcontract price by reducing the unit price at a uniform rate, without justifiable grounds, while entrusting six business operators, such as D, with the manufacture of the pipe of a ship, and shall pay 1,286,428,00 won in total following the determination of the subcontract price without delay;
4.A shall, within 60 days from the date of receipt of this corrective order, provide education to the person in charge of the affairs and responsible officer related to the subcontract agreement for at least six hours in respect of the contents of the Fair Transactions in Subcontracting Act, and report the result thereof to the Fair Trade Commission.
(hereinafter referred to as "paragraph (4) omitted
5.A shall be as follows: