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(영문) 서울행정법원 2016.02.19 2015구단6616
영업정지처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Circumstances of the disposition and proceedings thereof;

A. On February 12, 2015, the Defendant rendered a disposition of business suspension 30 days (from May 12, 2015 to June 10, 2015) against the Plaintiff on May 11, 2015, on the ground that the Plaintiff arranged a loan from “B” operated by himself/herself (hereinafter the instant disposition).

B. The Plaintiff filed the instant lawsuit seeking revocation on the ground of the illegality of the instant disposition, and this court changed the disposition to the Plaintiff and the Defendant litigation performer on May 22, 2015, “1. The Defendant’s disposition of this case was changed to KRW 15,50,000,000,000 for business suspension and penalty surcharge.”

2. If the Defendant changed the disposition as stipulated in paragraph 1, the Plaintiff immediately withdraws the lawsuit of this case, and the Defendant consents thereto.

3. The costs of lawsuit shall be borne by each person;

"In this regard, I recommended mediation to resolve the dispute."

C. On June 1, 2015, the Defendant accepted this Court’s recommendation and revoked the instant disposition and imposed a new disposition of business suspension 15 days (from May 12, 2015 to May 26, 2015) and a penalty surcharge of 7.50,000 won.

The plaintiff did not express any opinion with respect to the above modified disposition, and did not appear on the date of pleading.

【Ground of recognition】 The fact that there has been no dispute, significant fact in this court, Eul 6, 7, the purport of the whole pleading

2. As to the legitimacy of the instant lawsuit ex officio, a litigation seeking to examine whether the instant lawsuit is lawful, and a litigation seeking to recover from the original state by excluding any unlawful state arising from an unlawful disposition, etc. to relieve the rights and interests infringed or obstructed by the relevant disposition, the validity of the disposition, etc. shall continue to exist, and it shall be possible to restore the original state by the revocation thereof.

However, as seen earlier, the instant disposition seeking the revocation of the instant lawsuit by the Plaintiff is revoked and remains effective, and thus there is no interest in the lawsuit seeking the revocation of the disposition.

Therefore, the lawsuit of this case is brought.

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