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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 September 20, 2004, the Plaintiff is a construction company that runs a construction business with its head office set forth in YAY-gu B and 701 in Ansan-si, Ansan-si after registering the construction business.
B. On December 31, 2013, the Plaintiff reported to the Defendant on matters concerning the registration standard of construction business pursuant to Article 9(2) of the Framework Act on the Construction Industry, and the Defendant rendered the instant disposition against the Plaintiff on March 10, 2015 on the ground that the Plaintiff’s capital was insufficient in 2012.
C. Accordingly, the Plaintiff filed an administrative appeal on April 1, 2015, which was dismissed on November 10, 2015.
[Grounds for recognition] The descriptions of evidence Nos. 5 and 13, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion 1) As to the construction amount of KRW 334,800,000 which the Plaintiff owned against C, it should be excluded from non-performing assets since it created a collateral security on, or secured a provisional attachment, with respect to, real estate owned by C, and thus, it should be included in the calculation of capital since the Plaintiff’s total of KRW 567,30,000,000, out of the purchase amount of KRW D and E’s land, is not a loan, but a loan. Therefore, the Plaintiff is deemed to have satisfied the requirement of KRW 500,000,000. Therefore, even if there is no ground for the disposition of this case, the disposition of this case is unlawful due to the absence of the ground for disposition. 2) Even if the Plaintiff’s failure to comply with the bidding during the period of business suspension, it would be impossible to obtain serious management risk and maintain employees’ employment, in light of the situation of the construction industry, and thus, an administrative disposition, such as business suspension, etc., should be excessively imposed on the Plaintiff.