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(영문) 서울행정법원 2017.06.22 2016구합71362

부실벌점 부과처분 취소

Text

1. On May 9, 2016, the Defendant’s imposition of each of the defective penalty points against the Plaintiffs is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff Company A (hereinafter “Plaintiff Company”) was established on March 21, 1979 for the purpose of design, construction, supervision, etc. of buildings, and is engaged in construction supervision, etc. on the Yeonsu-gu Incheon Metropolitan City C building, 23 and 24 floors.

B. On January 16, 2015, the Plaintiff Company concluded a supervision service agreement with Yeongdeungpo-gu Seoul Metropolitan Government on February 26, 2016, setting the contract amount of KRW 96,32,500, and the date of commencement as of February 27, 2015, with the Seoul Metropolitan Government as of February 26, 2016, where the construction contract was “E Corporation” (hereinafter “instant construction contract”), its specifications “instant construction specifications”, and its site “the instant construction site”).

C. On March 25, 2015, Plaintiff Company posted Plaintiff B as a resident supervisor to perform the instant construction supervision services.

Plaintiff

On May 20, 2016, the date of completion of the supervision service agreement between Yeongdeungpo-gu Seoul Metropolitan Government and the date of the non-date change to May 20, 2016. On April 14, 2016, the contract amount of the supervision service agreement was increased to KRW 118,362,50, and on May 13, 2016, the contract amount of the supervision service agreement was changed to KRW 122,616,00, and the date of completion was changed to June 7, 2016.

(hereinafter referred to as “instant supervision services contract”). (e) The last revised supervision services contract on May 13, 2016 is “the instant supervision services contract”).

Plaintiff

B Around July 2015, the contractor of Sungil Construction Co., Ltd. (hereinafter “instant construction project”), instructed the contractor to not seal H-type rivers built with columns and buried in concrete, and had the instant construction site carry the said H-type river after carrying them into the instant construction site (hereinafter “construction of dance halls”), and on August 4, 2015, the H-type river installed in the vehicle-entry exit exit of a vehicle, a red light pole, which is not an inorganic ray, instead of an inorganic ray.