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(영문) 서울행정법원 2015.09.25 2014구합70921

직접생산확인취소처분취소

Text

1. The Defendant’s revocation of direct production verification against the Plaintiff on October 22, 2014 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company established for the purpose of manufacturing machinery, etc., and the Defendant is an institution entrusted by the Administrator of the Small and Medium Business Administration with the authority to revoke direct production and to hold hearings pursuant to Article 34(2) of the Act on Promotion of Purchase of Small and Medium Enterprise Products and Development of Market Support (hereinafter “Market Support Act”) and Article 27(1)4 of the Enforcement Decree of the same

B. On July 3, 2012, the Plaintiff, upon the confirmation of direct production of the transmitting climate, participated in the bidding for the manufacture, supply, and supply of the transmitting climate conducted by the former Local Government Procurement Service, and entered into a contract with the former Local Government Procurement Service on the supply of the transmitting climate as follows (contract amounting to 229,50,000,000, and delivery deadline on March 30, 2013).

On January 9, 2013, the notice was received from the Security Engineering Co., Ltd., a supervising team, that "the delivery-related work may be changed according to the on-site conditions," on February 6, 2013, "the delivery-related work may be suspended until the on-site conditions are determined," and on February 6, 2013, the notice was given to review as to whether the delivery-related work has been changed to the on-site conditions, and on February 6, 2013, the delivery-related work is being examined as to whether the delivery-related work has been inevitable in terms of the on-site conditions."

On June 25, 2013, the Plaintiff concluded a new contract with the Administrator of the Public Procurement Service for the supply of the air exhauster with the air exhauster whose specifications were changed (hereinafter “instant air exhauster”) as follows (the contract amounted to 201,162,770 won, and the delivery term on July 31, 2013).

Items 1: 2,420N/hr capacity in 2,420N cubic meters x 1,500m Aq/hr from 700 N/hr x 400m Aq 50mq x 4.2

C. The Plaintiff was unable to make a production easy due to the change of the appearance of the Song Pung to the sawn, and around June 2013, the Plaintiff was affiliated with the stex.