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(영문) 대전지방법원 2019.05.29 2018구합101689
승강기 유지관리업 등록취소처분 취소청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the instant disposition

A. The Plaintiff is a corporation with the objective of designing, manufacturing, assembling, selling, installing, maintaining, and repairing elevators, escalators, etc., its head office in Seoul, its head office in Busan, Busan, Daejeon, Daegu, and Gwangju.

B. On December 29, 1992, the Plaintiff registered the elevator maintenance business with the registration number “B” by setting the location of the Plaintiff’s Daejeon Branch as the place of business.

C. On November 2015, the Plaintiff entered into a maintenance contract with C’s Daejeon Regional Headquarters (hereinafter “instant elevator”) with respect to C’s public housing units (including value-added tax) at KRW 2,772,00 (including value-added tax) and the contract term from November 9, 2015 to November 8, 2016 (hereinafter “instant management contract”). The said management contract was extended on the same condition as in 2016 and 2017.

From May 25, 2017 to July 21, 2017, the Board of Audit and Inspection conducted an audit with C institutions. From May 25, 2017, around December 2017, the Board of Audit and Inspection took measures to demand caution and notify the C institution of the conclusion of the elevator maintenance service contract and the management of the performance of the contract with C institutions, stating that “three companies, such as the Plaintiff, are in charge of the maintenance and management of elevators installed in the 11st office houses of the C institution, and subcontracts to other companies in an unlawful manner and the management of the performance of the contract is neglected”

E. On March 13, 2018, the Defendant issued a disposition to revoke the registration of elevator maintenance business for the Daejeon Branch of the Plaintiff as follows:

(hereinafter referred to as the “instant disposition”). As a result of the Board of Audit and Inspection’s specific audit (from May 25 to July 21, 17) by the Board of Audit and Inspection (hereinafter referred to as the “Board of Audit and Inspection”), the Board of Audit and Inspection notifies that the following administrative dispositions are taken in violation of the provisions of Article 11-5 (Restrictions on Maintenance Subcontracts) of the Elevator Facilities Safety Management Act in the course of

The person subject to disposition shall be the representative D of B(ownership) on the date of disposition based on the disposition of the administrative disposition number of the violation of the disposition.

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