시공능력평가 및 공시처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. With respect to the reasoning of the judgment of the court of first instance, the part on the “163,482,30 won” of 2nd 12th 12 of the reasoning of the judgment of the court of first instance is identical to the corresponding part of the reasoning of the judgment of the court of first instance, except for the case where “163,482,30 won” is the same as the relevant part of the reasoning of the judgment of the court of first instance, and thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Whether the disposition is lawful;
A. Of the instant construction works claimed by the Plaintiff, the construction works for the automatic fire detection equipment, etc. constitutes electrical construction works as stipulated in Article 2 subparag. 1 of the Electrical Construction Business Act and Article 2(2) and [Attachment I] of the former Enforcement Decree of the Electrical Construction Business Act (amended by Presidential Decree No. 26503, Sept. 1, 2015; hereinafter the same shall apply).
Therefore, since the entire contract price of the instant construction can be recognized as the performance of electrical construction, the instant disposition that assessed the Plaintiff’s performance of electrical construction in 2013 on the basis of the reduction of the construction amount, such as automated fire detection equipment, etc., and then publicly announced based on the Plaintiff’s performance of electrical construction in 2013 is unlawful.
Since the instant disposition is unlawful, it should be revoked, and if the period for filing a lawsuit expired, the foregoing defect is so serious that the instant disposition is null and void.
(b) as shown in the attached Form of the relevant statutes;
C. The reasoning for this part of the facts of recognition is as stated in the corresponding part of the reasoning of the judgment of the first instance, except for cases where the said judgment is written or added as follows. As such, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
8 Part 5 of the "Electric Construction" in the part of the 5 line belonging to the inner box of one letter box "in the future" of the Electrical Construction License.
8 The following shall be added to the following:
On the other hand, "10)" management of the electrical construction performance published by the defendant.