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(영문) 서울행정법원 2018.05.24 2016구합82546
부실벌점 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 disposition;

A. On November 15, 200, the Plaintiff was established for the purpose of an engineering work business, building work business, etc., and had its head office on 54, 2 stories, Songpa-gu Seoul Metropolitan Government 17-ro, 17-ro, 54 and 17-ro (locked, wing building) and operated the above purpose business.

B. On December 13, 2012, the Plaintiff concluded a contract for construction works with the Republic of Korea to receive a contract for construction works (hereinafter “instant construction works”) from the Republic of Korea during the period from December 13, 2012 to December 19, 2014 by setting the contract amount of KRW 4,173,506,00, and the contract period from December 13, 2012 to December 19, 2014 (hereinafter “instant contract”). On December 19, 2014, the Plaintiff submitted a warranty contract after completing the instant construction works.

C. On July 6, 2015, 2015, gambling phenomena occurred on the external floor surface of the A training site (hereinafter “instant training site”) and around December 4, 2015, the roof finishing materials (blades) of the instant training site fell by strong wind.

Although the B leaflet, the use unit of the training site of this case (hereinafter “instant use unit”) and the ordinary facility group of the National Defense Facility Headquarters requested the Plaintiff to repair the defects of the external floor concrete and roof finishing materials of the instant training site, the Plaintiff rejected the request, but the B leaflet claimed the payment of the warranty bond to the ordinary facility group of the National Defense Facility Headquarters and the Construction Mutual Aid Association.

E. On December 29, 2015, the Plaintiff submitted a complete reconstruction plan for the roof finishing materials of the instant training hall to the Senior Facility Group of the National Defense Facility Headquarters.

F. On May 2, 2016, the head of the headquarters of the National Defense Facilities Headquarters notified the Plaintiff of his/her intention to impose penalty points for the following reasons, and notified the Plaintiff of his/her opinion and reference materials as the shipment until June 2, 2016.

In the design change of roof structure - the supervisor is responsible for the problem that the installation of roof finishing materials is wide, and the quantity of fixed hardware is reduced.

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