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(영문) 서울행정법원 2014.05.22 2013구합24921
건설업 영업정지처분취소
Text

1. The disposition of business suspension rendered by the Defendant to the Plaintiff on August 26, 2012 shall be revoked.

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

Reasons

1. Details of the disposition;

A. On August 18, 201, the Plaintiff is a corporation registered as a construction business (registration number B) among the businesses performing general construction works on August 18, 201, and its capital is KRW 510,000,000.

The facts underlying the disposition - The details of the disposition that falls short of the standards for the registration of construction business (capital stock in 201): the legal basis and contents of the suspension of business operation - Article 10 of the Framework Act on the Construction Industry (Standards for Registration of Construction Business) - the holding of hearings under Article 83 (Cancellation, etc. of Registration of Construction Business) 3 of the Framework Act on the Construction Industry: the holding of hearings under Article 83 (Criteria for Registration of Construction Business): April 24, 201

B. On April 2, 2013, the Defendant determined that the Plaintiff failed to meet the capital requirements among the requirements for registration of construction business and notified the Plaintiff of the following administrative dispositions (the notice of holding a hearing) on April 2, 2013.

C. On April 24, 2013, the Plaintiff appeared in the hearing procedure notified above and submitted explanatory materials.

(Capital) Failure to meet the standards for construction business registration on August 26, 2013 (Capital) 4 months (from October 1, 2013 to January 31, 2014) of the details of the disposition of violation on the date of disposition of the type of business license;

D. Since then, the Defendant issued an administrative disposition with the following contents on the grounds that the Plaintiff’s total capital amounting to KRW 513,410,618 on the Plaintiff’s financial statements amounting to KRW 289,55,252 (i.e., KRW 149,460,000, KRW 135,000, KRW 1366 (=513,410, KRW 618 - KRW 289,55,252) was below the total capital amounting to KRW 500,000 on the Plaintiff’s financial statements: (ii) KRW 276,14,634 (=50, KRW 223,855,366).

The disposition of this case is referred to as the "disposition of this case"

(i) [Ground for recognition: Facts without dispute, Gap evidence Nos. 1, 4, Eul evidence Nos. 1 through 4, and the purport of the whole pleadings;

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant asserted the sales claim arising from the construction contract between the Plaintiff and C (hereinafter “the instant construction contract”) and this is the construction work under the said construction contract.

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