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(영문) 서울행정법원 2018.11.29 2017구합76135

부정당업자제재처분 취소

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiffs constitute a roof with rectangular materials, etc. in order to avoid the sunlight, snow, rain, etc. of a dead structure, and a structure maintained in a stable form against the underwater by giving its initial strength and giving its strong strength. The dead structure is largely divided into the “a prevention” part and “a steel frame.”

It is a small and medium enterprise that operates design manufacturing business.

B. Around December 2014, the Defendant issued a public notice of bid for the procurement commodities (a contract with a multiple supplier) (hereinafter “public notice of the instant public notice”). The public notice of the instant public notice was indicated as follows: “A manufacturer that registered a commodity product with a specific description number of 10,000 square meters for a dead structure and an estimated price of 5,00,000,000 won (excluding value-added tax)” in the public notice of the instant public notice of the instant public notice of tender; however, the Defendant selected the counter-party according to a multiple supplier’s product contract; the eligibility for the application for participation in the purchase was stated as “A manufacturer that registered a commodity product that intends to purchase a commodity with a specific description number of 10 (10,000 square meters for a dead structure D).”

C. On February 10, 2015, the Plaintiff Limited Liability Company A (hereinafter “Plaintiff A”) entered into a contract with the Defendant for goods suppliers with the contract amounting to KRW 1162 million, the supply period from February 10, 2015 to January 31, 2017, and the Plaintiff Limited Liability Company B (hereinafter “Plaintiff B”) entered into a contract with the Defendant on February 9, 2015 with the supply period of KRW 2025 billion, the supply period of KRW 9,000,000,000,000, and each of the goods supplier contracts with the Defendant as of February 9, 2015 to January 31, 2017 (hereinafter “instant contract”).

When a dead structure was designated as a competing product among small and medium enterprises on January 1, 2016, the Defendant issued a corrective notice of the instant public notice of tender on January 2016, and the corrected major facts are ① the qualifications for applying for purchase participation, “small and medium enterprises for which direct production of the relevant detailed name number has been confirmed in accordance with relevant statutes, such as the Act on the Promotion of Purchase of Small and Medium Enterprises and the Development of Market Support,”