부정당업자 제재처분 취소 청구
1. The Defendant’s disposition of dismissal of unjust enterprisers for six months against the Plaintiff on December 29, 2015 from January 15, 2016 to July 14, 2016.
1. Details of the disposition;
A. 1) On August 12, 2014, Pyeongtaek-gun entered into a design service contract with the Plaintiff and Pyeongtaek-gun (hereinafter “instant project”) : (a) on August 12, 2014, Pyeongtaek-gun: (b) KRW 15-310 of Gangseo-gu, Pyeongtaek-gun, Pyeongtaek-gun, Seoul; (c) “Wol Park creation project” (hereinafter “instant project”).
(2) The proposal for the design submitted to the Defendant was passed on November 14, 2014 by the Plaintiff and the Yang Engineering Co., Ltd. (hereinafter “Calyang Engineering,” hereinafter collectively referred to as “Plaintiff, etc.”) to form a joint supply and demand organization and the proposal for the design submitted to the Defendant was elected to the construction design sector of the said public offering.
3) On December 30, 2014, Pyeongtaek-gun is the Act on Contracts to Which the Plaintiff, etc. and a Local Government are a Party (hereinafter “Local Contract Act”).
Article 29 of the former Enforcement Decree of the Local Contracts Act (amended by Presidential Decree No. 26899, Jan. 15, 2016); hereinafter “former Enforcement Decree of the Local Contracts Act”.
(2) In accordance with the form of a joint contract prescribed in Article 88, the design service contract for the instant project (hereinafter “instant contract”).
AB concluded the agreement.
The main contents of the instant contract are as follows.
The name of service under the service contract: The contract amount for the design service of the project for the development of the head park from sunrise to sunset: 149,000,000 won: January 2, 2015: The service period: April 1, 2015; the total of 90 days from the commencement date; the contract amount can be unilaterally terminated when the following conditions arise in the Pyeongtaek group of contract terms:
When design performance is deemed impossible;
(b) When he/she implements a design in response to the instruction of the Bupyeong-gu Armed Forces;
(c) Chapter III General Guidelines, when a service contract is violated;
B. The Responsibilities and Obligations of Pyeongtaek-gun and the Plaintiff, etc. and 15 others (1) Hon Chang-gun may unilaterally terminate this task in any of the following circumstances:
- If it is deemed impossible to perform a task due to a change in the actual condition of Pyeongtaek-si, the task shall comply with the instruction of the Sejong Chang-gun.