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(영문) 서울중앙지방법원 2019.11.12 2019가합504625

계약보증금 반환

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Status of the parties 1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”).

) A company engaged in landscaping and civil engineering materials manufacturing and selling business, and Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”).

Article 6 (Designation of Competitive Products among Small and Medium Enterprises) (1) The Minister of SMEs and Startups is a company that engages in manufacturing and selling electronic equipment. 2) The Public Procurement Service, an institution affiliated with the Defendant, is a government agency that takes charge of the procurement, etc. of government agencies and takes charge of tendering and contracting for them, and Article 6 (Designation of Competitive Products among Small and Medium Enterprises) of the Act on the Promotion of Purchase of Small and Medium Enterprises and the Development of Market Support (hereinafter “Market Support Act”) of the Act on the Promotion of Purchase of Small and Medium Enterprises from 2004.

(2) Where the Minister of SMEs and Startups intends to designate competing products pursuant to paragraph (1), he/she shall consult with the heads of related central administrative agencies

In such cases, the Minister of SMEs and Startups shall not designate any product as competing products with respect to which the head of the relevant central administrative agency has requested exclusion from designation.

(3) Matters necessary for designating competing products shall be prescribed by Presidential Decree.

(2) In order to expand opportunities for small enterprises under Article 2 (2) of the Framework Act on Small and Medium Enterprises and small and medium enterprises under Article 2 of the Act on the Protection of and Support for Small and Medium Enterprises, the Administrator of the Public Procurement Service shall purchase standard products above the scale prescribed by Presidential Decree among competitive products among small and medium enterprises defined in Article 6 of the Act on the Promotion of Purchase of Small and Medium Enterprises and Support for Development of Small and Medium Enterprises (hereinafter referred to as "Planning Act") in order to expand opportunities for receiving orders for receiving orders.