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(영문) 수원지방법원 2016.08.23 2015구합66197

건설업등록말소처분 취소청구의 소

Text

1. The Defendant’s revocation of registration of construction business against the Plaintiff on June 18, 2015 shall be revoked.

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

Reasons

1. Details of the disposition;

가. 원고는 토목건축 공사업 등을 목적으로 하는 회사로서, 2002. 11. 25. 주식회사 B이라는 상호로 건설업등록을 하였다가(업종 : 토목건축공사업, 등록번호 : C), 2015. 7. 23. 주식회사 A으로 상호를 변경하여 현재까지 건설업을 영위하고 있다.

B. The Plaintiff received contracts from D Co., Ltd. (hereinafter “D”) for the new construction of D plant from D on April 7, 2012, by setting the construction cost of KRW 3.14482 million and the construction period from April 23, 2012 to November 30, 2012.

(hereinafter “instant construction project”). C.

On July 5, 2013, the Plaintiff filed a complaint with the Seoul Central District Public Prosecutor's Office on the ground that E voluntarily consumeds and embezzled the money received as the construction cost of the instant case, while the public prosecutor in charge was unable to regard E as the Plaintiff's employee on December 30, 2014, and was deemed to have received and performed the instant construction work on the ground that E lent a construction business license from the Plaintiff, and thus, he was not guilty. On the same day, the Plaintiff was charged with the violation of the Framework Act on the Construction Industry, E, and F, the actual operator of the Plaintiff and the Plaintiff, on the ground that he/she could not be deemed to have received and performed the instant construction work.

On January 13, 2015, E, the Plaintiff, and F received a summary order of KRW 5 million for each of the facts constituting the facts charged as above (Seoul Central District Court Decision 2014Da29627). The Plaintiff and F claimed formal trial against them, but E did not request formal trial, which became final and conclusive as they did not request formal trial.

(hereinafter referred to as "relevant criminal case"). (e)

Accordingly, the defendant on June 19, 2015, on the ground that the plaintiff lent a construction business license to E, Article 83 of the Framework Act on the Construction Industry.