beta
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. On March 6, 2014, the Plaintiff is a specialized construction company that operates a creative construction business with three floors in Seoul Special Metropolitan City, Nowon-gu as its head office after completing registration of construction business for metal structure construction business pursuant to Article 9 of the Framework Act on the Construction Industry.
B. Around 2016, the Defendant conducted a fact-finding survey on the Plaintiff’s capital in 2015 to verify whether the Plaintiff satisfies the Plaintiff’s standards for registration of construction business.
At the time, the Plaintiff reported to the Defendant that the Plaintiff’s capital was KRW 229,060,649 (=total assets amounting to KRW 338,912,490 - Total assets amounting to KRW 109,851,841) at the time of the settlement of accounts in 2015, submitted the financial statements in 2015 and relevant explanatory materials.
Of the assets reported by the Plaintiff, the Defendant evaluated KRW 40,00,000 as non-performing assets pursuant to Article 21(1)3 of the former Construction Business Management Regulations (Rules of the Ministry of Land, Infrastructure and Transport No. 113 and August 23, 2015) [Attachment 2] [Attachment 2] as non-performing assets pursuant to Article 21(1)3 of the Guidelines for Corporate Diagnosis of Construction Enterprises (hereinafter “instant Corporate Diagnosis Guidelines”), and KRW 937,662 as non-performing assets; and KRW 35,987,782, out of the value of vehicle transport equipment, machinery, equipment, and fixtures, 35,205 won as at the time of the settlement of accounts in 2015 (=29,060,649 won - 40,000,000 won - 937,625,787,782) of the Plaintiff’s capital as at the time of settlement of accounts in 2015.
C. Accordingly, on November 28, 2017, the Defendant issued a disposition of suspending business against the Plaintiff for four months (from December 16, 2017 to April 15, 2018) in accordance with Article 83 subparag. 3 of the former Framework Act on the Construction Industry (amended by Act No. 14015, Feb. 3, 2016; hereinafter “former Framework Act on the Construction Industry”) and Article 80(1) [Attachment Table 6] of the Enforcement Decree of the Framework Act on the Construction Industry on the grounds that the Plaintiff’s capital in 2015 falls short of KRW 200 million, which is the minimum capital standard prescribed in the registration criteria for construction business.