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(영문) 수원지방법원 2018.05.24 2016구합66828
건설업등록말소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

가. 원고는 2001. 2. 12. 토목공사업, 건축공사업, 주택건설업 등을 영위할 목적으로 설립되어 건설산업기본법 제9조에 따라 2013. 4. 18. 종합공사를 시공하는 업종 중 토목건축공사업(등록번호 B) 등록을 마친 법인이다.

B. On December 12, 2014, D, the representative of C and the Plaintiff, was subject to a summary order of KRW 5 million each of the charges of violating the Framework Act on the Construction Industry (Uwon District Court Ansan Branch Decision 2014 High Court Decision 6356).

(However, the Plaintiff was suspended from indictment on October 30, 2014 with respect to the above summary order by the head of the Suwon District Prosecutors’ Office, the head of the Suwon District Prosecutors’ Office, which was sentenced to a disposition of suspension of indictment on October 30, 2014. Defendant C is a person who actually operates an E Co., Ltd. with a specialized construction license (hereinafter “E”), and Defendant D is a person who operates the Plaintiff with a comprehensive construction license.

No constructor shall have another person receive a contract for or execute construction works by using his/her name or trade name, or shall lend or receive a lease of his/her construction business registration certificate or construction business registration pocketbook.

1. On October 20, 201, Defendant C leased the Plaintiff’s name from the Plaintiff’s D with a comprehensive construction license at the office of Defendant E, located in the Maan-gu, Mayang-si, Ansan-si, and executed the “Hayang-si H Urban Residential Housing Construction Project” contracted from the owner G by the owner of the building until April 2012 in the name of the Plaintiff.

2. Defendant D lent the Plaintiff’s name to E at the same date, time, and place as in the preceding paragraph, and caused the Defendant to perform the said construction work.

C. On August 13, 2015, both C and D filed a request for formal trial with respect to the above summary order, and the Suwon District Court rendered a fine of KRW 3 million to C, and a fine of KRW 5 million to D, who was convicted of all the above criminal facts (No. 2015 Go-Ma42), and the above conviction, notwithstanding the appeal by C and D, shall be deemed to have been convicted on January 13, 2016.

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