부당이득금 환수처분 취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. A corporate Plaintiff, the purpose of which is to manufacture materials related to ecological environment restoration, etc., refers to a contract system under which the contract amount of 1,730,080,000 won and the quantity of 73,000,000 square meters and the contract period of 73,00,000 square meters with respect to the food sales produced by the Defendant and the Plaintiff (hereinafter “instant products”) is two or more parties to the contract in purchasing goods commonly required by each end-user institution from July 8, 2014 to June 30, 2016 pursuant to Article 5(1) of the Act on the Procurement of Multi-Party Suppliers Contracts and Article 7-2 of the Enforcement Decree of the Procurement Business Act and Article 7-2 of the Enforcement Decree of the Procurement Business Act, if deemed necessary to satisfy the diverse demand of each end-user institution in purchasing goods from each end-user institution.
When multiple suppliers enter into a contract, the contract shall be implemented by the means that the goods of the other party to the contract are registered on the national master procurement site, and if each procuring entity requests the delivery of registered goods, the other party shall supply the goods to the procuring entity in response to the demand for delivery.
(hereinafter “instant contract”) was concluded.
B. On March 6, 2017, the Defendant issued a notice to the Plaintiff on the following grounds: “The Plaintiff, while performing the instant contract, acquired unjust enrichment by unlawful acts during the contract process, such as purchasing the imported finished products of the instant product from Japan Co., Ltd. and supplying them to the end-user institutions; thus, the Defendant, pursuant to Article 25-2 of the Special Conditions on the Contracts with the Multiple Suppliers, intended to recover unjust enrichment of KRW 635,358,781, and paid it immediately after receiving the notice (hereinafter “instant notice of restitution”).”
C. In addition, the Defendant, on March 30, 2017, was amended by Act No. 14839, Jul. 26, 2017; hereinafter “State Contract Act”).