영업정지처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a corporation established on January 31, 201 and completed the registration of a comprehensive construction business (construction business) on March 3, 2011.
B. On September 20, 2012, the Defendant received orders from the Minister of Land, Transport and Maritime Affairs (on the present Minister of Land, Transport and Maritime Affairs) to investigate the actual conditions of construction business registration for the Plaintiff.
C. On December 31, 2011, the Plaintiff asserted that the total amount of capital calculated by subtracting the total amount of KRW 2,934,362,857 from the total amount of assets in total amount of KRW 3,904,627,890 on the financial statements as of December 31, 201, exceeds KRW 970,265,033, which is the registration criteria capital of KRW 500,000,000. However, on February 5, 2013, the Defendant notified the Plaintiff on the following two occasions that the Plaintiff’s actual Plaintiff’s capital in 2011, excluding non-performing assets, constitutes a disqualified business with the total amount of KRW 500,00,000,00.
1) First evaluation: A’s 6.99 billion won and B’s 1.5.5 billion won, among transactions that occurred on December 31, 2011 pursuant to Article 13 of the Corporate Diagnosis Guidelines, shall be evaluated as non-performing assets through cash re-assessment and deducted from the total capital: (2) The Plaintiff shall evaluate the lack of real capital from the initial director of the financial statements in accordance with short-term loans at KRW 600 million.
D. After that, on July 2, 2013, the Defendant issued a disposition to suspend business operations for three months (from July 15, 2013 to October 14, 2013) based on Article 83 subparag. 3 of the former Framework Act on the Construction Industry (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Framework Act on the Construction Industry”) against the Plaintiff on the ground that the Plaintiff falls short of the standards for registration of construction businesses (capital).
(hereinafter referred to as "disposition of this case"). / [Grounds for recognition] / Each entry in Gap's Evidence Nos. 1, 2, and 3, Eul's Evidence Nos. 1, 3, 6, 7, 14, and 17 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The plaintiff's assertion 1) Whether there is no ground for disposition or not.