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(영문) 울산지방법원 2016.07.21 2015구합6914

부실벌점부과처분취소

Text

1. The Defendant’s disposition of imposing an insolvent penalty surcharge against the Plaintiff on October 20, 2015 is revoked.

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

Reasons

1. Details of the disposition;

A. On June 16, 2014, the Plaintiff and the Defendant-related Plaintiff entered into a contract for the supervision of the construction work (hereinafter “instant supervision contract”) with respect to the construction work of the KIN Middle School Teachers (hereinafter “instant teachers”) (hereinafter “instant construction”).

B. The content of the design documents in the instant construction is designed by the Dok General Design Office, etc. (hereinafter “Nonindicted the cafeteria”) to design the width of each of the two stairs (referring to the stairs room-4, the stairs room-5, and each of the above stairs referred to as “each of the instant stairs”) in the lecture (hereinafter “instant stairs”) among the instant teachers, at 137.5 cm, and 130 cm, and delivered the design documents completed to the Defendant on March 10, 2014 (hereinafter “instant design documents”).

C. On January 28, 2015, at the time when the instant construction was constructed up to the second floor among the fourth floors of the structural frame, the Plaintiff’s land registration and the outdoor stairs changed to the Plaintiff’s land registration and the outdoor stairs, pointed out that the width of each of the instant stairs did not meet the minimum stairs width (150cm) stipulated in Article 15(2)2 of the Rules on the Standards for Evacuation and Fire-Fighting Structure of the Building (hereinafter “Rules”).

Accordingly, on February 10, 2015, the Plaintiff changed each of the instant stairs to outdoor stairs not subject to Article 15(2)2 of the Rules, following consultation with the Defendant, non-party design company, and the contractor, and the non-party design company changed the design plan accordingly.

The Defendant, who was given penalty points to the Plaintiff on August 31, 2015, provides that “In case where it is necessary to supplement construction due to neglect of confirmation and review of the construction specifications and various standards” under Article 53 of the Construction Technology Promotion Act and Article 87(5) [Attachment 8] of the Enforcement Decree of the same Act and Article 87(5) [Attachment 8] 5(b)1 of the Enforcement Decree of the same Act, constitutes a ground for imposing penalty points.