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(영문) 대전고등법원 2021.01.29 2020누10522
영업정지처분취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

Reasons

1. Details of the disposition;

A. 1) The Plaintiff is a corporation established around September 1989 and engaged in civil engineering construction business, etc.

2) On June 18, 2014, the Plaintiff entered into a contract with the Daejeon Local Government Public Procurement Service for construction works (the “instant road”) of approximately 1.99km in length from Seo-gu Daejeon Metropolitan City to approximately 16-25 meters in width (hereinafter “the instant road”) and KRW 1,645,00,000 in construction cost, reflecting the actual report on June 17, 2015 and reflecting the matters approved, the Plaintiff entered into a modified contract with respect to the said construction works on the ground that it conforms to the on-site conditions.

On March 20, 2015, the Plaintiff concluded a contract for construction works of the instant road at KRW 4,826,431,415 with the Daejeon Local Government Procurement Service, and concluded a modified contract with respect to the said construction works on June 18, 2015.

B’s total contract amount after the amendment to the instant construction works (hereinafter “D”) is KRW 6,276,248,000.

B. On June 2014, the Plaintiff commenced the instant construction work and completed the instant construction work on April 30, 2017.

Around August 2016, C and D, a supervising company of the instant construction, submitted a final supervision report to the Defendant with the purport that “reasonable construction in accordance with the relevant regulations”. The Defendant’s public officials in charge completed supervision and completion inspection of the instant construction work on May 11, 2017, and completed the construction plan, drawings, specifications, and other contractual terms.

“Preparation of a protocol of completion inspection in the contents of this paragraph.”

2) On July 13, 2017, the Ministry of Land, Infrastructure and Transport received a civil petition on July 13, 2017, stating that “The construction of the existing road was performed without treating any container on the part of the instant construction works, and thus thoroughly examined and changed.” The civil rights committee of the Republic of Korea on December 20, 2017.

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