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(영문) 부산지방법원 2016.06.29 2014구단544
영업정지처분취소
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;

A. On February 28, 2003, the Plaintiff registered the business of performing specialized construction works pursuant to the Framework Act on the Construction Industry, and operated the roof board assembly business and the building assembly business, and operated the roof board assembly business as well as the blue flag and wholesale business.

B. On December 18, 2013, the Defendant issued a disposition of the suspension of business pursuant to Article 83 Subparag. 3 and Article 10 of the former Framework Act on the Construction Industry (amended by Act No. 12580, May 4, 2014) and Articles 80(1) and 13(1) of the former Enforcement Decree of the Framework Act on the Construction Industry (amended by Presidential Decree No. 25152, Feb. 5, 2014) for five months (from January 20, 2014 to June 19, 2014) (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Busan Metropolitan City Administrative Appeals Commission, but was rendered a dismissal ruling on March 25, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 4, Eul evidence 1, Eul evidence 6-1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The non-existence of the plaintiff's ground for disposition 1 is the plaintiff's non-existent assets' total assets amounting to 790,766,054 won, total assets amounting to 420,440,480 won, total assets amounting to 370,325,574 won, total assets amounting to 35,100,000 won among the total assets amount, long-term sales bonds amounting to 24,80,000 won, advance payment amounting to 369,60 won, total assets amounting to 451,778 won, raw materials amounting to 34,353,960 won, lease deposit amounting to 160,000 won, total assets amounting to 79,745,600,000 won, total assets amounting to 35,504,636,000 won, total assets amounting to 100,000 won among non-performing assets amount.

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