1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff is a company that was established on March 25, 2013 and registered as a construction business.

B. As a result of conducting a fact-finding survey on the Plaintiff’s fulfillment of the Plaintiff’s standards for registration of construction business, the Defendant determined that the Plaintiff’s actual capital in 2013 fell short of KRW 50,000,000,00,000, which was paid in advance (hereinafter “instant KRW 95,500,000”), including loans of KRW 19,50,000,000, advance payment expenses, and KRW 3,009,820,00,000, and KRW 117,509,820, such as advance payment expenses, constituted non-performing assets or concurrent assets, and that the Plaintiff’s capital in 2013 falls short of KRW 412,738,654,00,00,000.

C. On March 30, 2016, the Defendant issued a four-month business suspension disposition to the Plaintiff pursuant to Article 83 subparag. 3 of the Framework Act on the Construction Industry (hereinafter “instant disposition”).

[Reasons for Recognition] Unsatisfy, Gap evidence 5, Eul evidence 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s representative director asserted 1) deposited KRW 10,00,000 into the Plaintiff’s company’s account on December 30, 2013 in order to repay personal debts to B, and deposited KRW 95,00,000 among December 31, 2013, the Plaintiff company intended to dispose of the said KRW 95,00,000 as a deposit, but intended to dispose of the said KRW 95,000 as a part of the deposit, by means of an account failure. Therefore, the Plaintiff’s disposal was unlawful as it did not constitute an advance payment. Thus, the Plaintiff’s actual capital in 2013 falls short of the Plaintiff’s capital stock, 507,738,654 (the Plaintiff’s disposal of the instant KRW 412,78,654, Oct. 30, 205).