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(영문) 서울행정법원 2013.03.29 2012구합32734

시정명령처분취소

Text

1. The action against the principal claim and the action against the first preliminary claim shall be dismissed respectively; and

2. The Defendant against the Plaintiff on September 10, 2012.

Reasons

1. Details of the disposition;

A. A. Around March 2007, the Plaintiff entered into a construction contract that intends to construct electricity units and mobile power generation equipment at four stages with the Cubd Government (hereinafter “ Cubd Government”) (hereinafter “Cubd Government”). However, the Plaintiff set the construction cost at USD 4,3490,00 (hereinafter “$”) at USD 4,349,00.

B. On September 14, 2006, B Co., Ltd. (hereinafter “B”) entered into a construction contract with 300 patient care rooms and Domenn local area to build 300 patient care rooms (hereinafter “Donman Hospital”) at USD 89 million.

On October 8, 2007, the Plaintiff acquired the above construction contract from B with the Minister of Health and Welfare, and entered into a contract with 5 million US dollars on October 10, 2007, and changed the contract to 10,000 Scuad Government's health department and construction cost to 86 million US dollars.

C. B received USD 1,9580,000,000 in total from the parts of natural resources of the Kuddrid Government on January 22, 2009 and February 2, 2009 (hereinafter “the dispute amount”). D. The dispute amount was transferred.

On May 9, 2012, the Defendant rendered each disposition against the Plaintiff on the same grounds as indicated in the “cadastral” column as indicated in Table 1 below:

(hereinafter “First Disposition”). Upon receipt of notification on May 15, 2012, the Plaintiff filed an objection against the Defendant on June 12, 2012.

On September 10, 2012, the Defendant rendered a decision against the Plaintiff on September 10, 2012 on the following grounds: “The part regarding the excessive appropriation of sales claims is revoked and the remainder of the objection is dismissed” (hereinafter “instant disposition”).

The Plaintiff was notified by the Defendant of the second disposition on September 14, 2012.

(1) A change in the pointed out in the table 1 shall be made to the end of December 2007 - 17,471,00,000 won; the end of December 2008 ; 40,465,000 won; the end of December 2009; 32,443,000,000 won; the end of December 32, 2010; 32,786,00,000 won; 32,786,00,000 won; 29,202,00,000,000 won; 29,202,00,000 won; 29,167,000,0000 won as of September 37, 2011; 200,000 won;