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(영문) 전주지방법원 2018.09.12 2017구합579
벌점부과처분취소
Text

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. Status 1 of the parties to the case) The Defendant’s general human treatment facilities within the next public sewage treatment facilities (hereinafter “instant treatment facilities”).

(2) The Plaintiff is a contracting authority for the construction work of the instant treatment facilities, which is a corporation with the aim of technical service business, such as the formulation of the overall plan for water supply and sewerage systems and mid-water facilities, the formulation of basic plans, implementation plans, specifications, etc., and the survey, supervision, supervision, consultation, and the construction work of the instant treatment facilities.

B. On September 25, 2012, the Plaintiff entered into the instant service contract, the large road, and Saman Co., Ltd. concluded a joint supply and demand contract with the representative of the Plaintiff (the equity ratio is KRW 931,018,000 with the Defendant and the total service amount of KRW 931,018,00,000 with the total service amount, and the total service period from September 26, 2012 to March 25, 2014 (hereinafter “instant service contract”).

C. On January 13, 2016, based on Article 53(1) of the Construction Technology Promotion Act, Article 87(5) [Attachment Table 8] subparagraph 5(b) [Attachment Table 8] subparagraph 5(b)(17 of the Enforcement Decree of the Construction Technology Promotion Act, the Defendant notified the Plaintiff of the result of setting 1.8 points on the ground that the defect occurred due to erroneous inspection of the business affairs related to the filtering of the disposal facilities of this case. On February 15, 2016, the Defendant submitted the Plaintiff’s written opinion from the Plaintiff and held a hearing on May 19, 2016. (2) On July 21, 2016, the Defendant imposed the Plaintiff a penalty points according to the joint contract execution ratio (attached Table 8] under Article 53(1) of the Construction Technology Promotion Act, Article 87(5) [Attachment 8] subparagraph 5(b) [Attachment 60] of the Enforcement Decree of the Construction Technology Promotion Act and related design drawings and specifications.

(hereinafter referred to as “instant disposition”). 3 On October 18, 2016, the Defendant used the Plaintiff as “major defective contents of the application of penalty points.”

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