직접생산확인취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a business entity that produces park sports facilities under the trade name of “B,” and the Defendant is an institution entrusted by the Administrator of the Small and Medium Business Administration with the authority to cancel the confirmation of direct production pursuant to Article 34(2) of the Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Development of Market Support (hereinafter “Act”) and Article 27(1)4 of the Enforcement Decree.
B. The Plaintiff obtained the confirmation of direct production as effective from January 14, 2013 to January 13, 2017 with respect to “cooperative play,” one of the park sports facilities from the Defendant.
C. On November 28, 2013, the Plaintiff participated in a bid for the purchase of the C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C
The Plaintiff supplied a cooperative play unit to an end-user institution pursuant to the instant contract, but the Defendant, on January 9, 2017, issued a disposition to revoke the Plaintiff’s direct production confirmation that the Plaintiff had already received from the Defendant on January 12, 2017 pursuant to Article 11(2)3 and (3) of the Act (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 5 evidence, Eul evidence 1 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The public announcement of tender conducted by the Public Procurement Service as to the absence of the grounds for disposition is limited to Vienna Co., Ltd. (hereinafter “ Vienna”).
) There was no condition that the registered product would be supplied. After the conclusion of the instant contract, the Korea Transportation Safety Authority, a procuring entity, after the conclusion of the instant contract, shall be the Plaintiff, the Association EORY, a non-NNC’s registered product.