시공능력평가 및 공시처분취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a company running electricity, telecommunications, fire-fighting system installation business, wholesale and retail business of its materials, etc. The Defendant is an electrical construction business entity’s organization that is entrusted by the Minister of Trade, Industry and Energy with the business of evaluating and publicly announcing the execution capacity of electrical construction business operators pursuant
B. On January 3, 2017, the Defendant assessed on January 3, 2017, the Plaintiff’s portion of the assessed value of the instant construction capacity as KRW 163,482,30 out of the total contract amount of KRW 3,015,089,00,00 that the Plaintiff reported as the result of electrical construction in 2013 (hereinafter “instant construction”) to recognize only the remaining amount of KRW 2,851,606,670 (=3,000,000-163,482,30) as the performance of electrical construction (hereinafter “instant notification”), and notified the Plaintiff that only the remaining amount of KRW 2,851,60,06,670 should be recognized as the performance of the instant construction (hereinafter “instant construction”). < Amended by Act No. 15086, Jan. 16, 2017>
(hereinafter referred to as the "disposition in this case" in combination with the evaluation and publication of the above execution capacity). [Grounds for recognition] The fact that there is no dispute, Gap evidence 1, 4, and 20 (including each number; hereinafter the same shall apply), Eul evidence 1 and 3, Eul evidence 1 and 3, the witness C's testimony and the purport of the whole pleadings.
2. Whether the lawsuit is lawful;
A. The Defendant’s instant disposition prior to the merits was made on January 16, 2017, and the Plaintiff requested on February 1, 2017 that the Defendant attached the Defendant’s performance of electrical construction for the year 2013, including the entire contract amount of the instant construction. Therefore, in light of each of the above facts, the Plaintiff was aware that the instant disposition was made on January 16, 2017 or at least February 1, 2017.
The plaintiff filed the lawsuit of this case on August 16, 2017 after the 90-day period for filing a revocation lawsuit under the Administrative Litigation Act from February 1, 2017.