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(영문) 대전지방법원 2014.12.10 2014구합101001

벌점부과처분취소청구의 소

Text

1. The Defendant’s disposition of imposing penalty points to the Plaintiff on December 15, 2013 is revoked.

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

Reasons

Details of the disposition

A. The Plaintiff is a construction company that runs a housing construction business.

On April 17, 2009, the Plaintiff and B Co., Ltd. (hereinafter referred to as “B”) entered into a joint contract with Defendant C (hereinafter referred to as “instant construction”) with the investment ratio of 20 to 80,000. As from April 20, 2009, the instant construction has been carried out since April 20, 209.

B. On November 15, 2013, the Defendant notified the Plaintiff and B of the fact that the Defendant will impose penalty points on the Plaintiff on the grounds that the defective construction work was carried out, and on December 15, 2013, notified the Plaintiff of the fact that the penalty points are imposed on the Plaintiff.

(hereinafter referred to as “instant disposition”), which imposes penalty points of 0.2 points on the Plaintiff (hereinafter referred to as “instant disposition”). On November 13, 2013, a defect in the quality of hump construction with the point of points D above the point of points D

1. Matters pertaining to failure in the quality control of DV - The Plaintiff and B (hereinafter referred to as “test construction”) are neglected the quality control, such as neglecting the inspection results of the inspection table, even if the examination of the course of the construction of hV, which is an essential point for verification, was conducted without sufficient shock and without sufficient shock.

b. 2. Matters concerning improper management of DD 2. - In the process of construction of D-type department, a contractor shall construct it differently from design documents, such as entering into a d-type unit construction without adequate shocking materials in a hole, etc. 3. Matters concerning improper management of input equipment (injecting tar) - Ac- Ac-type construction project has used a mar-type machine for which five years of injecting it, which is a D-type V-V construction equipment, but has not prepared preliminary equipment, and has not formulated a regular inspection and daily inspection plan, etc., by means of improper disposal of input equipment. Article 28(1) [Attachment 10] of the former Enforcement Rule of the Construction Technology Management Act (wholly amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 94, May 22, 2014; hereinafter referred to as “Enforcement Rule of the former Construction Management Technology Act”)