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(영문) 부산고등법원 (창원) 2021.01.27 2020누10824
영업정지처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and the purport of the appeal shall be the first instance.

Reasons

1. The reasons why the court should explain concerning this case are stated in the reasoning of the judgment of the first instance, except for the addition to deletion and modification of part of the judgment of the first instance as stated in paragraph 2.

Therefore, this is based on Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Litigation Act.

2. A portion amended or amended in the judgment of the first instance;

(a) eliminate the 4-7 parallel 13 parallels, 4-14 parallels “ “”, 5-6 parallels “ “”, 5-16 parallels “ “”, 5-16 parallels “ “,” and 6-party parallels “ “”, respectively;

(b) the following shall be added at the end of the fifth 15th day:

In addition, it is sufficient that there exists a reason for the disciplinary measure against the merged corporation, which is included in the “Status” succeeded as above, and it does not require the fact that there was an existing fact at the time of the merger, even if the procedures for administrative sanctions were initiated and were in progress or the actual administrative sanctions were issued (see Supreme Court Decision 20092 17018, Apr. 8, 2010).

Part 7 The regular construction business operator shall be amended to "electric construction business operator".

(d)

“At the end of the 8th two conduct” is amended to “at the end of the 8th two conduct, and on December 28, 2018, the period of one’s own contract expires almost from January 1, 2019 to December 31, 2020”.

3. In conclusion, the plaintiff's claim should be dismissed due to the lack of reasonable grounds, and the judgment of the court of first instance is just in conclusion.

Therefore, the plaintiff's appeal is dismissed because it is without merit.

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