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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff was established in Scheon-si B on June 17, 2014. On July 31, 2014, the Plaintiff is a construction company that registered construction business (registration number C) among the types of business performing general construction works. The Defendant is delegated with the authority of the Minister of Land, Infrastructure and Transport to impose sanctions against civil construction business entities within his/her jurisdiction under the Framework Act on the Construction Industry.
B. After conducting a fact-finding survey on the fulfillment of the criteria for the registration of construction business in 2016, the Defendant determined that advance payment of KRW 156,383,873 of the Plaintiff’s assertion as non-performing assets or concurrent assets of KRW 360,457,570 of raw materials and KRW 360,570 of the Plaintiff’s assertion as non-performing assets in accordance with the Ministry of Land, Infrastructure and Transport’s Construction Business Management Guidelines (hereinafter “Diagnosis Guidelines”) and issued a disposition of business suspension for 4 months pursuant to Article 83 subparag. 3 of the Framework Act on the Construction Industry (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion 1) The advance payment of KRW 156,383,873 is real assets (the first argument) and D Co., Ltd. (hereinafter “Nonindicted Company”).
On April 20, 2015, the Plaintiff, Non-Party Company, and F contracted the steel framed to F during the construction of a new G plant in both weeks. On April 20, 2015, the Plaintiff, Non-Party Company, and Non-Party F agreed that the Plaintiff will accept the said steel framed from F and pay the Plaintiff KRW 258,500,000,000 to the cost of the construction of the said steel framed instead of the Plaintiff, the non-Party Company would pay the Plaintiff the total cost of the construction including the said money, and the Plaintiff would pay the Plaintiff KRW 100,000 out of the said money to F on the date of the agreement, and the remainder shall be paid by May 20, 2015, and the F would waive all rights to the said steel framed upon receiving the payment from the Plaintiff in full.
The plaintiff shall agree in accordance with the above agreement.