beta
(영문) 부산고등법원 2020.10.21 2020누21111

부정당업자제재처분취소

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 appeal is the purport of the appeal.

Reasons

The contents alleged by the Plaintiff following the judgment of the first instance to this court are different from the allegations in the first instance court. However, a thorough examination of additional evidence by this court along with the evidence duly adopted and examined by the first instance court, and further, the following circumstances acknowledged by the overall purport of the evidence and pleadings, namely, ① the Plaintiff alleged to the effect that “1,064,384 won (= KRW 2,865, KRW 47,519, KRW 1,225,000, the amount entered in the tax invoice issued by the Plaintiff as one of the total sum of safety management expenses incurred by the Plaintiff in relation to each of the contracts of this case (= KRW 586,865, KRW 2,519, KRW 1,225,000, which is less than the amount entered in the tax invoice issued by the Plaintiff as one of the total sum of safety management expenses paid by the Plaintiff for each of the contracts of this case.

Even if the plaintiff's claim is allowed to be filed by adding up safety management expenses incurred in each contract of this case, such as the method of claiming safety management expenses for each contract of this case, it may cause serious problems that can be received in full within the scope of the sum of the above amounts, as well as the amount not paid for each contract of this case for reasons such as the amount exceeding the amount of safety management expenses appropriated individually, if the claim is filed separately for each contract of this case. Thus, the above sum of such claims shall not be allowed as to the contract for the supply of the procurement commodities of government offices, and the plaintiff does not submit a statement of usage of safety management expenses disbursed separately for each contract of this case as to each contract of this case.