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(영문) 인천지방법원 2019.06.28 2018구합50752
부실벌점부과처분취소
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, 2015, the Plaintiff is a construction project management service provider that entered into a housing construction supervision service contract and performed construction supervision services with respect to the new construction of D apartment (hereinafter “D apartment”) that the said company entered into with B on March 6, 2015.

B. The instant apartment was completed around February 2017, and was approved by the Defendant on February 13, 2017.

C. Around April 2017 and around July 2017, there was a heavy rain in the area where the instant apartment was located, and as a result, some of the mountain walls installed in the outermost of the instant apartment complex (hereinafter “instant mountain walls”) collapseed as one lane around April 6, 2017 and on July 3, 2017, respectively.

(hereinafter “instant accident”). D.

On July 31, 2017, the Defendant deemed that the instant apartment building was caused by negligence in the performance of the duties of the contractor and supervisor of the instant apartment construction, and that the said contractor and its site agent E set three points of each of the given points according to Article 87(5) [Attachment Table 8] of the Enforcement Decree of the Construction Technology Promotion Act (reliability of soil construction works) and the F, who was the supervisor of the overall supervision of the instant apartment construction as an employee of the Plaintiff and the Plaintiff, was the supervisor of the instant apartment construction, on January 1, 2017 (Article 87(5) [Attachment Table 8] (Article 87(5) [Attachment Table 8] of the Enforcement Decree of the Construction Technology Promotion Act (Article 87(5) [Attachment 8] (Article 8) (Article 87(1) [Attachment 8] (Article 87(5) [Attachment 8] (Article 5(

E) The Defendant examined the objection raised on September 8, 2017 according to the instant prior notice, etc., and then omitted confirmation by phase as to whether the Plaintiff and F had been executed in accordance with the standard design drawings and specifications and various standards on November 24, 2017 - Other confirmation omission or inspection.

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