2...

가. 원고는 2005. 4. 14. 건설업등록을 하고 토목건축공사업을 영위하는 법인으로, 2010. 12. 23. 피고로부터 건설업 등록기준(자본금) 미달을 이유로 3개월의 영업정지 처분을 받은 바 있다.

B. On September 20, 2012, the Defendant received an instruction from the Minister of Land, Transport and Maritime Affairs to investigate the actual condition of construction business in 2012, and conducted a fact-finding survey on the registration standards of construction business against the Plaintiff (based on the settlement of accounts in 2011). The Plaintiff submitted the statement of financial position, etc. stating that the Plaintiff’s assets are KRW 2,195,771,071, and liabilities are KRW 284,445,658, and accordingly, the amount of capital is KRW 1,911,325,

C. As a result of the fact-finding survey, the actual capital was assessed as KRW 1,02,680,352, out of the capital stated on the statement of financial position submitted by the Defendant as a result of the fact-finding survey by deeming the sum of KRW 908,64,771, and the total amount of KRW 284,114,00,00, and the total amount of KRW 908,645,061 as non-performing capital, among the capital stated on the statement of financial position submitted by the Plaintiff, as KRW 604,656,290, advance payment 5,000, and other (Advance payment) as non-performing capital.

On March 26, 2012, the Defendant notified the Plaintiff that the disposition of cancellation of construction business is scheduled to be taken on May 27, 2013. The Plaintiff attended the hearing procedures and requested a review in the course of submitting a report on the financial management status diagnosis (hereinafter “the instant diagnosis report”). According to the instant diagnosis report, the Plaintiff’s short-term loans 604,656,290, advance payment expenses, and advance payment 14,874,71 won among the capital stated on the statement of financial position submitted by the Plaintiff shall be deemed non-performing assets, such as the Defendant’s fact-finding assessment, and the advance payment 5,00,00,000 won shall be deemed as real capital, and instead, the Plaintiff recognized the sales claim 418,000,000,000 won against D and has already been included in the statement of financial position.