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(영문) 대구고등법원 2015.08.28 2015누4175
영업정지처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. The plaintiff is a corporation established on September 15, 199 with the purpose of an engineering work as its business and completed registration of an engineering work on October 25, 199.

B. In order to eradicate insolvent construction companies, the Ministry of Land, Transport and Maritime Affairs ordered the Korea Construction Association under Article 91(3)9 of the former Framework Act on the Construction Industry (amended by Act No. 11181, Jan. 17, 2012; hereinafter “the Act”). Accordingly, on December 29, 2011, the Korea Construction Association conducted a fact-finding survey on the registration standards of construction business in 201, notified the Defendant of the list of disqualified companies, including the Plaintiff. On December 29, 2011, the Ministry of Land, Transport and Maritime Affairs determined that the Plaintiff assessed the total amount of non-performing assets at KRW 1,061,124,738 (i.e., the total amount of non-performing assets at KRW 546,147,738 (i.e., the Dong-dong Ro-dong Ro-dong Ro-dong Do 446-3, 446-46-3, and (ii) the real value of housing below KRW 300140.5

C. Accordingly, around January 12, 2012, the Defendant notified the Plaintiff of the statement of opinion and the submission of explanatory materials as to suspicion of non-conformity with capital by February 10, 2012, and then requested the Korea Construction Association to review the Plaintiff’s explanatory materials on February 16, 2012.

However, as a result of the review on March 12, 2012, the Korea Construction Association calculated that the actual capital is KRW 614,161,185 [259,260,00,00 for short-term loans of KRW 446,963,60 for short-term loans of KRW 231,815,869 - 231,812,262] of the Plaintiff’s capital stock was assessed as KRW 231,815,869, and the actual capital was assessed as KRW 614,161,79 [2,00 for short-term loans of KRW 44,112,262].

On April 11, 2014, the Defendant notified the Plaintiff of the attendance of the hearing. D.

The plaintiff on April 25, 2012.

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