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(영문) 대구지방법원 2015.01.09 2014구단10559

영업정지처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The plaintiff is a corporation established on September 15, 199 with the purpose of an engineering work as its business and completed registration of an engineering work on October 25, 199.

B. In order to eradicate insolvent construction companies, the Ministry of Land, Transport and Maritime Affairs ordered the Korea Construction Association to conduct an investigation on the actual condition of the registration standards for construction business in 2011 pursuant to Article 91(3)9 of the former Framework Act on the Construction Industry (amended by Act No. 11181, Jan. 17, 201; hereinafter “the Act”). On December 29, 2011, the Ministry of Land, Transport and Maritime Affairs notified the Defendant of the result. According to the results of the assessment based on the Plaintiff’s financial statements based on the financial statements in 2010, the total amount of KRW 1,061,124,792 at KRW 546,147,738 (the total amount of non-performing assets at KRW 446-1, 446-3, 336-4, 36-4, 207, 2094, 2057, 2006.

C. Accordingly, around January 12, 2012, the Defendant notified the Plaintiff of the fact-finding survey on the registration standards in 2011, and submitted explanatory materials from the Plaintiff, and requested a review to the Korea Construction Association. However, in the review, the Plaintiff’s capital was assessed as KRW 231,815,869, and the actual capital was assessed as KRW 614,161,161,185 [259,260,260,000, including short-term loans of KRW 231,815,869, KRW 44,112,262].

As notified, the hearing of opinions and hearing procedures were announced. D.

The Plaintiff, following the hearing procedure on April 25, 2012, submitted to the Defendant a report on the examination of financial management status prepared by a certified public accountant A on May 2, 2012. The said report evaluated that there is no concurrent assets, and the Plaintiff’s actual capital was 812.