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(영문) 대전지방법원 2019.11.14 2019구합101372
부실벌점부과처분취소 청구의 소
Text

1. On December 14, 2018, the Defendant revoked the disposition imposing an insolvent penalty point against the Plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff is a corporation established for the purpose of architectural design and construction supervision business.

B. On June 8, 2017, the Plaintiff entered into a housing construction supervision agreement with B Co., Ltd. and C Apartment Construction Work (hereinafter “instant apartment”), with respect to the contract price of KRW 3,514,672,700, and the contract period of the instant construction work from June 8, 2017 to March 2020, and performed supervision duties on the said construction work from that time.

C. On September 6, 2018, D Co., Ltd., the contractor of the instant construction, requested the Plaintiff to conduct an inspection on the steel bars of the 8th floor walls, including the wall body between the bedrooms of the instant apartment E-dong households and the living room (hereinafter “instant wall”). On the same day, the Plaintiff conducted the inspection and notified D Co., Ltd that the said 8th floor walls are suitable for the steel bars of the wall.

The poor measurement date: Construction on September 13, 2018: The lack of the walls of apartment buildings - Construction on the 9th apartment E-dong as of the inspection date - The walls of the F-household bedroom and the living room's company (84C-W3) shall be double parallel (D16.100) with the bearing wall at intervals of 16 meters in 100 meters with the 16m iron bars and 42 meters in 100 meters. However, the steel bars adjoining from the 8th floor and exposed to the upper upper part of the 9th floor slab bars (72cm) was constructed with 40 cm and less than 4 cm (2 cm) with the drawing, and the steel bars that were constructed with only the standard and distance of the steel bars and the distance of the steel bars at the time of the inspection on the 6th floor.

On September 13, 2018, the Defendant conducted on-site inspections of the instant construction, and determined that the instant wall was constructed with a shortage of steel bars, and on December 13, 2018, the Defendant imposed three points with penalty points as follows on the Plaintiff on December 13, 2018.

(hereinafter referred to as "disposition of this case"). [Grounds for recognition] Facts without dispute, Gap evidence Nos. 1, 3, 6, 7, 8, Eul evidence Nos. 2 and 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Relevant legislation.

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