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(영문) 서울행정법원 2014.06.19 2013구합63650
건설업 영업정지처분취소
Text

1. The Defendant’s disposition of suspending construction business for four months against the Plaintiff on November 29, 2013 is revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff completed construction business registration with the company with the purpose of an engineering work business, building work business, etc., and the type of business as “civil construction work business” as “civil construction business.”

B. On October 12, 2012, the Defendant requested the Plaintiff to submit data related to the fact-finding survey pursuant to Article 49 of the Framework Act on the Construction Industry (hereinafter “Building Industry Act”), and the Plaintiff submitted the said data to the Defendant, including the 13th period (as of December 31, 201) statement (hereinafter “instant statement of financial position”).

The details of assets, liabilities, and capital of the above statement of financial position shall be as follows:

The amount of money in the original subject shall be 502,828,467,828,467's equity capital of 1,277,883,479's current assets of current assets of current assets of current assets of current assets of current assets of current assets of current 1,277,883,479's total liabilities of 90,065,167's non-current liabilities of 412,763,300's total liabilities of 502,828,467,467,478's equity capital of 729,93,479's equity capital of 1,220,000,000's equity capital of 2,07,876,958's total assets of current assets of current assets of current assets of current assets of current assets of current assets of current assets of current assets of current assets of current assets of current assets of current assets of current assets of 280,70570,70836,7080

C. On August 28, 2013, the Defendant issued a prior notice of the disposition of suspending construction business under Article 83 subparag. 3 of the Act on the Settlement of Financial Statements to the Plaintiff (hereinafter “prior notice of this case”) on August 28, 2013, deeming that the Plaintiff’s actual capital was merely 516,01,921 won when deducting non-performing assets 989,036,570 won from total capital on the instant statement of financial position as a result of the fact-finding survey to fall short of 683,98,079 won.

Detailed contents of the Defendant’s decision as non-performing assets are as listed below:

On September 30, 2013, the Plaintiff presented its opinion to the Defendant on the items of non-performing assets as mentioned below.

The amount of non-performing assets item (won) shall be the total amount of 123,000,000 of the Plaintiff's deposit with the long-term bonds to be accepted 585,611,370.

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