전기공사실적감액처분의 취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be acknowledged by taking into account the following facts: Gap evidence 1, Gap evidence 2, Gap evidence 7-1 through 6, Gap evidence 8, Gap evidence 9-1 through 3, Gap evidence 10-1, 2, and Gap evidence 20, and the whole purport of the pleadings:
The Plaintiff is a corporation for electrical construction business, etc., which divided and merged the electrical construction business part of Cheongan Engineering Co., Ltd. (hereinafter “Cheongan Engineering”) on October 15, 2012, and the Defendant is a constructor’s association established with authorization from the Minister of Trade, Industry and Energy pursuant to Article 25 of the Electrical Construction Business Act.
B. On October 23, 2012, the Plaintiff was issued by the Defendant with the certificate of electrical construction performance (the Plaintiff’s existing electrical construction performance and the previous electrical construction performance of Cheongman Engineering prior to the merger and division, KRW 6,914,250,00 in 209, KRW 2,103,356,00 in 2010, KRW 1,673,136,00 in 201, and KRW 1,673,00 in 201).
C. On April 2, 2015, the Defendant requested the Plaintiff to submit explanatory materials on the actual results of electrical construction from 2009 to 2013, which was reported by Cheongman Engineering prior to the merger by split and merger, among the Plaintiff’s electrical construction performance, but the Plaintiff failed to submit explanatory materials. As such, the Defendant determined that certain electrical construction performance was false and notified the Plaintiff of the details of electrical construction performance (the amount of KRW 568,183,000 in 209, KRW 189,639,00 in 200, KRW 1,000 in 2011, KRW 1,086,000 in 200).
After that, on October 29, 2015, the Defendant found that there was a partial electrical construction performance reduced due to error, and then notified the Plaintiff of the details of the electrical construction performance (including KRW 1,805,023,00 in 209, KRW 1,132,507,00 in 2010, KRW 1,32,507,00 in 2010, KRW 1,086,000 in 201, and KRW 1,086,000 in 20,000 in hereinafter referred to as “instant electrical construction performance reduction”).
2. The defense prior to the merits and the judgment thereon
A. The reduction in the performance of electrical construction, which is the phase prior to the revaluation of execution capacity for the construction business operator of the gist of the defendant's assertion, within the administrative agency.