입찰참가자격제한처분취소
1. The part concerning the claim for cancellation of the recovery disposition in the lawsuit in this case shall be dismissed.
2. The plaintiff's remaining claims are dismissed.
3...
1. Details of the disposition;
A. The Plaintiff is a company that is established in around 2012 and runs sales business, sales business, environmental materials, medicine wholesale and retail business, etc.
The contract term (the original contract term) contract term of December 16, 2013, 3,525,00,000 from December 16, 2013 to June 30, 2014 from August 28, 2014 to June 30, 2016, the contract term of which is 1,609,50,000 from August 28, 2014 to June 30, 2016
On October 4, 2012, the Plaintiff completed the registration of qualification for participation in the manufacture of a food product, and entered into a contract with multiple suppliers that provide the food product as follows (hereinafter “instant contract”) with the Defendant, registered as a procuring entity on the Defendant’s comprehensive national electronic procurement site site.
C. On November 2, 2016, the Defendant visited the Plaintiff’s factory to verify direct production of the Plaintiff’s products manufactured and registered, conducted an inspection. On November 23, 2016, the Defendant notified the Plaintiff of the content that “the Plaintiff will cancel the registration of qualification for participation in the food distribution as a result of direct production verification.”
Then, on March 6, 2017, the Defendant: (a) notified the Plaintiff of the purport that “In accordance with Article 25-2 of the Special Conditions of the instant contract, the Plaintiff acquired unjust enrichment by unlawful act in the course of the contract, such as supplying an import completion product, etc.; (b) thereby, it would recover unjust enrichment of KRW 635,183,329 pursuant to Article 25-2 of the Enforcement Decree of the State Contracts Act (hereinafter “instant redemption notification”); and (c) on March 30, 2017, the Defendant supplied the Plaintiff with non-production products (the supply was made to the end-user institution after the purchase of the imported products).” As such, Article 27(1)4 and 8 of the Act on Contracts to Which the State Is a Party (hereinafter “State Contracts Act”); and (d) Article 76(1)1 and 17 of the Enforcement Decree of the State Contracts Act (amended by Presidential Decree No. 27475, Sep. 2, 2016; hereinafter “former Enforcement Decree”).