부정당제재처분 취소의 소
The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a person engaged in the manufacture and sales of rubber, salking, and synthetic resin, etc. with the trade name “B” in the Southern-gu Incheon Metropolitan City.
B. On February 28, 2018, the Plaintiff participated in the first-class competitive bid for the Defendant’s electric car, and was selected as a contractor. On February 28, 2018, the Plaintiff entered into a contract for first-class manufacture and purchase (hereinafter “instant contract”). On May 29, 2018, the Plaintiff entered into a contract for first-class manufacture and purchase (hereinafter “instant contract”) with the Defendant, setting as “the name and quantity of goods: one type of electric car entrance equipment (hereinafter “instant goods”): 142,00,000,000, and the delivery period: May 29, 2018: 0.08% per day; 14,200,000 won per day.”
C. On April 4, 2018, July 16, 2018, the Plaintiff received notification of failure in the performance test of raw materials for the instant goods, and failed to supply the instant goods to the Defendant.
On October 29, 2018, the Defendant notified the Plaintiff of the cancellation of the instant contract as of October 22, 2018 (hereinafter “instant cancellation notification”) on the ground that it delayed performance of the contract.
E. On March 5, 2019, the Defendant: (a) on the ground that the Plaintiff did not perform the instant contract without good cause; (b) Article 31 of the former Act on Contracts to Which a Local Government Is a Party (Amended by Act No. 16042, Dec. 24, 2018; hereinafter “former Act”); (c) Article 92(1)6 of the former Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party (Amended by Presidential Decree No. 29896, Jun. 25, 2019; hereinafter “former Enforcement Decree of the Local Contracts Act”); (d) Article 76(1) [Attachment 2] of the former Enforcement Rule of the Act on Contracts to Which a Local Government Is a Party (Amended by Ordinance of the Ministry of Public Administration and Security No. 125, Jun. 25, 2019; hereinafter “former Enforcement Rule of the Local Contracts Act”)