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(영문) 서울고등법원 2019.05.15 2018누48993
건설업등록말소처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance, such as accepting the judgment of the court of first instance, is as stated in the grounds of the judgment of the court of first instance (including “related Acts and subordinate statutes,” but excluding the part “3. conclusion”) unless the relevant part of the judgment of the court of first instance is amended as follows 2. Thus, it is acceptable as it is in accordance with Article 8(2) of the Administrative

2. The portion to be modified shall be 9, 7, and 9, 7, and 9, 300,000,000,000,000 as “R”.

The 6-2 to 4 parallels are as follows.

5) Meanwhile, even though the Plaintiff’s standard subcontract agreement of construction type as of October 20, 201, which was written between the Plaintiff and E on October 20, 201, to subcontract the instant construction project to E (C), was stated that “the Plaintiff shall pay to E (C) an additional amount of KRW 70 million at a cost separate from the subcontract and the construction site management” in relation to the calculation of the construction amount under the said special terms and conditions, there was no content of the agreement on the same business, such as how to distribute profits or manage and supervise the construction site.

The following is added at the last six parallels. 【The fact that a criminal judgment already established on the same factual basis was a flexible evidence, and thus, it cannot be acknowledged that the facts are inconsistent with the above criminal trial, barring any special circumstances where it is difficult to adopt a factual judgment in light of other evidence submitted in the administrative trial.

(See Supreme Court Decision 98Du10424 delivered on November 26, 199, etc.). 7 1 through 8 9 are as follows. 【The following facts and circumstances acknowledged by comprehensively taking account of the overall purport of arguments as to each of the above facts admitted and the aforementioned facts and circumstances are considered in light of the aforementioned legal principles, the Plaintiff, instead of actually participating in the instant construction, has another person use the Plaintiff’s trade name and perform the instant construction work.

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