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1. The disposition of business suspension rendered by the Defendant to the Plaintiff on December 16, 2016 shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. The Plaintiff (a) is a company that engages in construction business (in the case of a company with registration number Jeju Special Self-Governing Province No. 2014-09-03), water supply and drainage facilities construction business (ju 94-13-3), and reinforced concrete construction business (ju 94-10-4) as its registered type of business.
B. On December 31, 2015, the Plaintiff entered into a contract to establish a non-exclusive license agreement (B) with C, a patentee (contract period from December 31, 2015 to December 30, 2016) with respect to a patent related to “A” (contract period), and paid KRW 300 million to the Plaintiff, a patentee, and entered into a contract to establish a non-exclusive license agreement (D) with E, a patentee for a patent related to “hproof panel” (contract period from December 31, 2015 to December 30, 2016), in lieu of payment as KRW 300 million for the deposit money of the previous contract in 2014.
(hereinafter referred to as the “instant deposit”) the Plaintiff paid or substituted for payment.
In reporting matters concerning the registration standards for construction business in 2016, the Plaintiff classified the instant deposit into current assets (other current assets) which are real assets on the financial statements. However, on November 24, 2016, the Defendant held a hearing procedure by deeming that the Plaintiff’s capital falls short of KRW 500 million in total of the registration standards for construction business.
Before the aforementioned hearing procedure, the Plaintiff submitted a report on the financial management status diagnosis (including the instant deposit as real assets, and assessed the Plaintiff’s real capital as KRW 546,850,844, on the ground of the appraisal value as KRW 420,000,000,000) under the name of the Samsung Industrial and Economic Research Institute (including the instant deposit as real assets), which was drafted on October 31, 2016 to the effect that the Plaintiff satisfies the requirements for registration of capital. However, on December 16, 2016, the Defendant deemed the Plaintiff’s non-exclusive license under the Construction Enterprise Diagnosis Guidelines as non-performing assets and deemed the Plaintiff’s capital below KRW 50,00,000,000,000,000.