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(영문) 인천지방법원 2015.09.24 2015구합50744
부실벌점부과처분취소청구
Text

1. On December 10, 2014, the Defendant’s imposition of 9 points for the Plaintiffs on December 10, 2014 (attached Form 1).

Reasons

1. Details of the disposition;

A. Plaintiff Two Industrial Construction Co., Ltd. (hereinafter “Plaintiff”) is a construction company specializing in designing, constructing and supervising the supply of and demand for special construction works, such as road construction, etc., and Plaintiff A is Plaintiff B.

B. The Public Procurement Service publicly announced the bid for the construction works for straight straightening of the Highway (1 Sections - Civil Works) with the Defendant for an end-user institution (hereinafter “the instant construction works”). On February 2, 2012, the Plaintiff Company participated in the said bidding and was awarded a contract for the instant construction works (69,274,735,803 won and construction period from February 10, 2012 to January 29, 2014).

C. As a result of the Defendant’s guidance and inspection on the full responsibility supervision in October 16, 2014, based on the fact that there was a defective construction work in connection with the instant construction work, the Defendant: (a) indicated the details of imposition of defective penalty points in attached Form 1 with respect to the Plaintiffs; (b) indicated the reasons; (c) given the given points with respect to the reasons; (d) given the given points with respect to the given reasons; and (e) given the given points with respect to the given reasons; (e)

(hereinafter referred to as the "disposition of this case"). [Grounds for recognition] The fact that there is no dispute, entry of evidence Nos. 2 and 3, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

(a) Attached Form 2 of relevant Acts and subordinate statutes;

B. 1) Determination as to the existence of the grounds for disposition (A) On the grounds of this, the Plaintiffs’ assertion was that there was no rupture higher than the permissible rupture to the Seocho-do Underground Motor Vehicle (Seoul), and that there was no rupture more than the permissible rupture to the upper rupture, such as structural review, and the preparation of a management ledger of ruptures, etc., and

B) Article 53(1) of the Construction Technology Promotion Act provides that where a constructor fails to perform construction works in good faith and causes, or is likely to cause, defective construction works, the constructor shall give penalty points by measuring the degree of fault and measuring the degree of fault, and Article 87(5) [Attachment 81] of the Enforcement Decree of the same Act according to delegation under Article 5

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