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(영문) 부산지방법원 2018.06.08 2018구합21102

업무정지처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

B Around May 2014, the agency (hereinafter referred to as “project owner”) ordered D (hereinafter referred to as “project”) to a limited liability company of KRW 8,264,974,000.

Around May 2014, the contracting authority concluded a full-time responsible supervision service contract with E Co., Ltd. (hereinafter “Supervisory Company”) with respect to the supervision of the instant construction project, and had the Plaintiff perform the duties of a supervisor responsible for the instant construction project from April 6, 2015, when the F, who was the supervisor responsible for the first selected supervisory company, retired.

The original contracting authority and the contractor entered into a contract for construction works with the disposal of the private land that occurred during the instant construction works within 10 km from the construction site. However, the scope of the construction works was changed to 25.45 km due to the failure to find the private land suitable for the said distance.

(hereinafter “instant modified contract”). Around January 2016, the Plaintiff and the Si Corporation designated G’s private land site located within 25.45 km from the instant construction site as the place of private soil treatment according to the instant modified contract.

However, from January 20, 2016 to January 22, 2016, the Si Corporation dealt with 2,129 cubic meters of the instant construction site from January 20 to January 22, 2016, and submitted a written confirmation of the entry of the instant land to the Plaintiff, who is the responsible supervisor, even though he/she dealt with the 2km away from the instant construction site, at Yangyang-si’s sand site, even though he/she was treated as the 2km away from the instant construction site.

The Plaintiff entered the earth and stones information system into the soil and stones information system as it was processed at the private sand site of G in Kimpo-si, which was submitted by the Si Corporation, and had the contracting authority pay the construction cost for the modified contract of this case to the Si Corporation in excess of 20,613,000 won.

The results of the comprehensive audit of ancient cities around April 2017.