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(영문) 서울중앙지방법원 2019.01.07 2018가단44648

부당이득금반환 청구의 소

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On December 14, 2016, the Plaintiff and the Defendant concluded a contract system with at least two parties to a contract, including quality, performance, efficiency, etc. or similar kinds of goods, to satisfy the diverse demands of each public institution under a contract with multiple suppliers, and entered into a contract system with at least two parties to a contract, which satisfies certain standards, such as supply performance, management status, etc., through negotiations with those persons meeting certain standards, and a system for free selection and use of goods by demand customers in a comprehensive national shopping mall (hereinafter “instant contract”).

Item name: 4,267,00,000 won contract period: The delivery conditions from December 14, 2016 to December 13, 2019: The delivery place: The delivery place by installing the goods at the site: the contract characteristics at the designated place for a procuring entity: Manufacturing and purchasing goods.

B. Meanwhile, among the public notice of the purchase tender for the procurement commodities to conclude the instant contract (hereinafter “public notice”), there was a statement that the qualification to participate in the contract should be submitted one copy of the license for metal structure construction business, which is stipulated as “an enterprise possessing a license for metal structure construction business under the Framework Act on the Construction Industry and the Enforcement Decree of the Enforcement Decree.”

The contract of this case is stipulated that the special conditions of multiple suppliers' contract of this case are applied.

C. On December 14, 2016, in order to guarantee the implementation of the instant contract, the Plaintiff entered into a guarantee insurance contract with C Association (hereinafter “instant guarantee insurance contract”) and submitted to the Public Procurement Service the guarantee certificate issued by the said Association (hereinafter “instant guarantee insurance contract”). < Amended by Presidential Decree No. 2790, Dec. 14, 2016; Presidential Decree No. 27900, Dec. 13, 2019; Presidential Decree No. 27458, Dec. 14, 2016; Presidential Decree No. 2

Around March 2018, the head of Mapo-gu issued an administrative disposition of five months of business suspension (the period: from April 30, 2018 to September 29, 2018) to the Plaintiff on the ground that the Plaintiff failed to meet the standards for registration of construction business (capital) and that the Plaintiff returned to the Plaintiff (the Plaintiff is the Plaintiff) as a matter of consideration in the above administrative disposition. < Amended by Presidential Decree No. 28904, Apr. 30, 201