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(영문) 서울고등법원 2018.08.23 2018누45420

직접생산확인취소처분 취소의 소

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

The court's explanation of this case is as follows. Paragraph (3) is the same as the part of the reasoning of the judgment of the first instance, and Paragraph (2) of Article 8 of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as that of the part of the judgment of the first instance, except where the defendant added the judgment of the argument that

(1) In addition, the first instance court’s revocation of the instant disposition on the ground that the Defendant’s appeal did not significantly differ from the allegations in the first instance court, and even if all evidence submitted by the first instance court and this court were examined, the first instance court’s revocation of the instant disposition on the ground that the instant disposition was unlawful). The part to be used was re-written “this case’s cooling house” as “this case’s freezing house” from the last parallel of the third to the fourth parallel of the first instance judgment.

On the 6th page of the judgment of the first instance, "goods" in the second column and "Definitions" in the second column are "goods classification number: 410406" in each column with "goods classification number: 410406".

Article 2-2 of the Grounds for Judgment of the first instance

다. 2)의 ③항(제1심판결문 제7면 제1행부터 제5행까지의 부분)을 다음과 같이 고쳐 쓴다. 『③ 조달청은, 원고의 ‘조달청 목록정보 설명에 대한 해석요청 질의’에 대하여, ‘온도범위가 -95℃∼-180℃인 장비 및 액체질소를 이용한 액체질소냉동고가 실험실용초저온냉동고에 포함되는지 여부는 최저온도를 기준으로 물품을 구분하기에 포함되지 않는다. 현재 실험실용극저온냉동고와 실험실용초저온냉동고에 대한 물품은 최저온도를 기준하여 구분하고 있으며 품명해설 등 전체적으로 검토하여 정비할 계획이다’고 회신하였다.

The defendant's assertion that an additional judgment is made shall be considered as a bilateral alternative relationship that is distinguished according to the minimum temperature range between the "test laboratory cold freezing and the laboratory cold freezing."