거래정지처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff was established on March 20, 2009 and operated a toilet manufacturing, construction, and sales business.
B. On January 7, 2016, the Plaintiff refers to a contract system under which two or more parties are the parties to a contract, where it is deemed necessary to satisfy the diverse demands of an end-user institution in purchasing goods commonly required by the respective end-user institution, based on Article 7-2 of the Enforcement Decree of the Act on the Procurement of Procurement Methods by Multi-Party Suppliers, with respect to the Defendant and toilet partitions and prefabricated Panel (hereinafter “instant goods”).
When multiple suppliers enter into a contract, the contract shall be implemented by means of supplying the goods of the other party to the contract to the general procurement site, and when each procuring entity requests the supply of registered goods to the procuring entity that the other party requested to supply the goods in response to the supply request.
On March 13, 2016, the Gangwon-gu Seoul Metropolitan Office of Education requested the supply of the instant goods to the said end-user institution upon entering into a purchase contract by the Party (hereinafter referred to as the “instant contract”).
After the defendant's request, the Korea Testing and Research Institute for Construction Life examined whether the product of this case satisfies the requirements required under the contract of this case. On May 23, 2016, the product of this case failed to meet the criteria of the luminous requirements among the test items, and it was judged that it constitutes a serious defect.
C. According to the above failure decision, the Defendant rendered a measure of suspending transactions in a national cemetery shopping mall for one month (hereinafter “instant measure of suspending transactions”) on June 13, 2016, following the Plaintiff’s submission of opinions, etc.
[Ground of Recognition] Facts without dispute, Gap evidence No. 1 to 5, and Eul No. 1.