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(영문) 대전지방법원 2016.06.09 2015구합103622

영업정지처분취소

Text

1. The Defendant’s disposition of business suspension against the Plaintiff on July 27, 2015 shall be revoked.

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

Reasons

1. Details of the disposition;

A. The Plaintiff, as a specialized construction business operator who registered soil construction business, etc. pursuant to Article 9 of the Framework Act on the Construction Industry, ordered by the original local construction management agency of the Hanju, and concluded a subcontract by designating the total contract amount of KRW 18,803,00,000, and the construction period from July 27, 2010 to March 9, 2016, on the condition that the tunnel construction (hereinafter “the instant tunnel construction”) among the construction works of Yong-dam (hereinafter “instant construction”) entered into a contract for the construction of roads (hereinafter “instant construction”).

B. The Plaintiff and wooden Construction, as a joint subcontractor for the instant tunnel construction, set the ratio of construction share to Plaintiff 50% and 50% for wooden source construction (the Plaintiff’s construction among the sections 3,352 meters in total length of the instant construction works was to perform the remainder 1,67 meters, and wooden source construction). The wooden source construction was unable to perform the construction due to liquidity crisis at the time of completion of the tunnel excavation work among the instant construction works, and around July 2012, it was the construction of wooden source construction to the existing tunnel excavation, but the construction share to be modified to Plaintiff 66% and wooden source construction to 34%, respectively.

(c) From October 13, 2014 to November 18, 2014, the Board of Audit and Inspection points out that “the actual condition of the implementation of road construction projects, such as national highways,” was carried out differently from the design drawing, and that a mV (referring to V and parts attached thereto, which are materials supporting the blot and pit and used to be sticked in a hole for drilling within the base, and which are used to be cut off and easily cut off, such as a ceiling or side wall in the space of the pit, the pit, or the space in the pit, and which are used to prevent it from falling off by fixing it to a single base located at the point, as well as the construction cost related to the mV is excessively paid, and the omission or length of a mV installed to reinforce the ground.