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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 August 19, 2019.
Reasons
1. Details of the disposition;
A. The status and general status of the Plaintiff, etc. 1) The Plaintiff is not a small and medium enterprise owner engaged in the steel shipbuilding business, but a small and medium enterprise owner C, etc. entrusted the manufacture of vessel components to two business owners, such as C, etc., and thus, the Fair Transactions in Subcontracting Act (hereinafter “subcontract Act”).
(2) Two subcontractors, including C, are small and medium enterprise owners engaged in the manufacturing of vessel components, and are entrusted with the manufacture of vessel components by the Plaintiff, and thus, fall under the subcontractor as prescribed in Article 2(3) of the Subcontract Act.
3) The general status of the Plaintiff and the subcontractor are as listed below: (a) the general status of the parties (units: KRW 2,529,341,79,0162,341, 2,347 C E- - - 274 F (G representative F 256 256,642) in 2014, 2014.
B. During the period from November 4, 2014 to July 18, 2016, the Plaintiff issued 8 to 57 days after the commencement of work without issuing 29 subcontract documents before the subcontractor begins work for supplying goods, as shown in attached Table 2, when entrusting two subcontractors, including C, with the manufacture of the components of the vessel.
(hereinafter “instant act”). C.
The Defendant’s corrective order and penalty surcharge payment order against the Plaintiff on August 19, 2019. The Defendant issued a corrective order and penalty surcharge payment order with respect to the Plaintiff on August 19, 2019. The instant act was before the former Act on Fair Transactions in Subcontracting (amended by Act No. 14456, Dec. 20, 2016; hereinafter “former Subcontract Act”).
Since it is illegal in violation of Article 3(1), an order to correct the same content as stated in attached Table 1(1) is imposed on the ground that the same or similar violation is likely to be repeated in the future. In addition, some of the instant acts are subject to the imposition of a penalty surcharge in principle under Article 2013-1 of the Public Notice of Penalty Surcharge.