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(영문) 대구지방법원 2018.01.16 2017구합22239
등록말소처분취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a company established on May 2, 2003 and engaged in interior construction business, mechanical equipment construction business, etc., mechanical equipment construction business (registration on June 3, 2003), indoor construction business (registration on April 6, 2006), and electrical construction business (registration on October 26, 2009). The Plaintiff is registered with the Minister of Land, Infrastructure and Transport, and has qualifications for the said type of business.

B. On November 20, 2013, the Defendant issued a disposition of business suspension for five months (from December 1, 2013 to April 30, 2014) based on Article 10 of the Framework Act on the Construction Industry, etc., on the ground that “The Plaintiff shall hold more than KRW 200 million capital, which is the standards for registration of a construction business, but the Plaintiff’s capital in 2012 falls short of the above standards.”

(hereinafter referred to as “previous Disposition”). (c)

Accordingly, the Plaintiff filed an administrative appeal with the Daegu Metropolitan City Administrative Appeals Commission, and on December 30, 2013, the Daegu Metropolitan City Administrative Appeals Commission rendered a ruling that "the previous disposition is changed to two months of business suspension."

On January 21, 2014, according to the above ruling, the Defendant changed the previous disposition to the business suspension period of two months (from January 25, 2014 to March 24, 2014), and notified the Plaintiff of the fact that “if the Plaintiff fails to supplement the registration requirements by the end of business suspension pursuant to Article 83 subparag. 3-2 of the Framework Act on the Construction Industry, or violates the business suspension disposition pursuant to subparagraph 8 of the same Article, the registration cancellation of the construction business shall be subject to the disposition, and the capital among the standards for the registration of the construction business shall submit a report on the financial management status diagnosis as of the end of business suspension within 30 days

E. On April 11, 2014, the Plaintiff prepared by certified public accountant B to the Defendant as of April 9, 2014, as follows, “the first diagnosis report on financial management status” (hereinafter referred to as “the first diagnosis report”).

A. The type of registered type of business on March 24, 2014: In-house construction business (standard capital 200 million won);

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