1. The plaintiff's claim is dismissed.

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

Details of the disposition

The plaintiff is a corporation established for the purpose of construction business, etc.

On April 28, 2015, the Defendant rendered a disposition to cancel the Plaintiff’s registration of construction business pursuant to Article 83 subparag. 5 of the Framework Act on the Construction Industry on the ground that the Plaintiff, a constructor, had Nonparty B receive a construction contract using his trade name, and violated Article 21 of the same Act.

(hereinafter referred to as “instant disposition”). [Grounds for recognition] A’s evidence Nos. 1, 1, 1, and 1, there is no dispute, and the Plaintiff’s assertion of the purport of the entire pleadings as to the purport of the entire pleadings, the Plaintiff’s assertion is not a supply of and demand for each of the above construction works under the Plaintiff’s name, on November 2012, 201, where the engineering work for the floor of the Sejong District of the Daejeon District of the Seoul District of the Republic of Korea was ordered to perform the work for the oil storage tank reclamation work at the same gas station around February 201

Judgment

Facts of recognition

In November 2012, Nonparty D, the representative director of the Plaintiff, entered into an agreement between B and B to withdraw the construction cost deposited from the contractor while holding the corporate passbook in the name of the Plaintiff during the construction period and to use it for construction cost.

B around the beginning of November 2012, 2012, the third Deputy floor floor construction works were supplied by CY in the name of the Plaintiff, the third Deputy floor construction works were executed from that time to the end of December 2012.

D and B, around February 2013, contracted construction work under the Plaintiff’s name, and if construction cost exceeds KRW 35 million, the difference shall be borne by B, and if less cost is required, the difference shall be acquired by B, and value-added tax shall be settled by the Defendant following the payment made by B.

B around February 2013, the Plaintiff received a supply of oil storage tank reclamation work from C stations in the name of the Plaintiff at KRW 41 million (including value-added tax) and executed from that time until March 31, 2013.

B The gas station.