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(영문) 서울행정법원 2018.08.02 2018구합53030

영업정지처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company with the purpose of construction business.

On July 9, 2008, the Plaintiff registered construction business (registration number No. 01-0401) with the type of business as “civil construction business.”

B. On September 30, 2016, the Ministry of Land, Infrastructure and Transport notified the Defendant of an implementation plan to investigate the actual conditions of companies below the registration standards for construction business under the Framework Act on the Construction Industry and a list of companies suspected of falling short of the registration standards for construction business including the Plaintiff, and requested the Defendant to take

C. On November 22, 2016, the Defendant reviewed the Plaintiff’s financial management diagnosis report submitted by the Plaintiff, and notified the Plaintiff of the fact that the Plaintiff’s actual capital in 2015 falls short of the standards for the registration of the said construction business as KRW 720,229,512.

In the hearing procedure, the plaintiff's actual capital in 2015 was considered to be (-) 140,065,645.

등록기준 자 본 금 결산서상 제시자산 부실자산 합계액 및 내역 겸업자산 및 진단실질부채 합계액 항목별 내역 및 금액 12억 (A) 33,955,529,737 (B) 34,130,677,732(C) 겸업자산 6,192,681,137 겸업자본 (토지 건물 ↔ 임대) 투자자산 영업보증금(HA&C) 비상장주식(여수골재) 전기소방출자금 2,503,391,000 1,860,772,800 1,274,688,000 525,000,000 70,000,000 공통자산 중 겸업자산 90,055,790 부실자산 9,150,855,883 대여금 선급금 미수수익 등(선급비용) 매출채권(공사미수금) 6,812,867,084 540,171,500 1,351,112 1,796,466,187 진단실질부채 18,787,140,712 원고제시 결산서상 실질 부채 (19,728,043,971) - 겸업부채 (940,903,259) 원고제시 증가자산 35,082,350 (D) 평가 후 자본금 (-) 140,065,645 (E = B - C D) 등록기준 미달금액 1,340,065,645 (A - E)

D. On February 7, 2017, the Defendant: (a) on the Plaintiff’s paid-in capital, Article 10 subparag. 2 of the Framework Act on the Construction Industry and Article 13(1) subparag. 1 [Attachment 2] of the Enforcement Decree of the Framework Act on the Construction Industry (1.2 billion won).