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(영문) 서울고등법원 2020.02.07 2019누52791

직접생산확인 취소처분 취소

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. The Plaintiff is a corporation engaged in the business of manufacturing industrial machinery, industrial equipment, and pollution prevention facilities. The Defendant is an institution entrusted with the business of receiving applications for confirmation of direct production from the Administrator of the Small and Medium Business Administration pursuant to Article 34(2) of the former Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Act on the Support of Development of Agricultural and Fishing Villages (Amended by Act No. 14839, Jul. 26, 2017; hereinafter “former Act on the Support of Development of Agricultural and Fishing Villages”) and Article 27(1) of the former Enforcement Decree of the former Act on the Support of Development of Agricultural and Fishing Villages (Amended by Presidential Decree No. 28213, Jul. 26, 2017); issuing a certificate of direct production

B. On January 10, 2017, the Plaintiff filed an application for the verification of direct production with respect to Ebroconer (the name of the parts: the number of the parts: 2410171401), the exhaust gas (4016160701), and the water treatment equipment (the name of the tax parts: 471097801). On January 10, 2017, the Plaintiff was issued a certificate of direct production from the Defendant for the period of validity from January 10 to January 9, 2019, and was issued the certificate of direct production on January 11, 2017.

C. On May 30, 2017, the Defendant: (a) received a civil petition that the Plaintiff submitted a forged certificate of the supply performance to obtain the confirmation of direct production; and (b) commenced the investigation; and (c) submitted by the Plaintiff on May 30, 2017, submitted by the Plaintiff for the issuance of the certificate of direct production verification; and (d) the Plaintiff’s “I Co., Ltd.” stated in the certificate of the supply (sale) of the goods issued by the Nam Won-si issued by the Plaintiff on the instant case (hereinafter “instant certificate of the actual production performance”) is the Plaintiff’s trade name

As to “A public procurement agency’s search, the relevant contract case is a contract for drum drum drum and the contract amount is confirmed to be KRW 27,264,954. As to “The certificate of performance of the remaining city of this case, multiple products, such as Ebrocon and water treatment devices, are stated, and the supply amount is also indicated to be KRW 272,649,50.”