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(영문) 서울행정법원 2017.01.11 2016구합64234

직접생산확인 취소처분 취소

Text

1. On December 8, 2015, the Defendant’s revocation of direct production verification against each of the Plaintiffs (date of revocation: December 10, 2015).

Reasons

1. Details of the disposition;

A. Pursuant to Article 9(4) of the Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Development of Market Support (hereinafter “Market Support Act”) that was enforced at the time, the Plaintiffs were confirmed directly by the Defendant as to the “ice concrete (hereinafter “ice concrete”) pursuant to Article 5(3) of the Enforcement Rule thereof.

B. On June 5, 2014, and on June 9, 2014, the Seoul Local Government Procurement Service publicly announced a bid for the annual unit price contract procurement commodities (goods) to be procured by the Scom unit price contract (goods) to the Incheon Local Government Procurement Service.

Seoul SP Co., Ltd. (hereinafter referred to as the “Seoul SP”) and the Plaintiff S SP Co., Ltd. (hereinafter referred to as the “Plaintiff SP”) participated in the bidding of the Incheon Regional Procurement Service by organizing a joint supply and demand organization with the representative of the Seoul SPS as its representative. Seoul SP, Plaintiff SPS Co., Ltd. (hereinafter referred to as the “Plaintiff SPS”), and Plaintiff SPS Co., Ltd. (hereinafter referred to as the “Plaintiff SP”) organized a joint supply and demand organization with the representative of the Seoul SPS as its representative, participated in the bidding of the Incheon Regional Procurement Service, and the Seoul SPS, the SPS, the SPS, the SPS, the SPS, and the Incheon SP Co.,, Ltd. (hereinafter referred to as the “Plaintiff SP”), by participating in the bidding of the joint supply and demand organization with the representative of the Seoul SPS as its representative, and were determined as the successful bidder, respectively.

C. As the representative of the joint supply and demand contractor, Seoul Asia entered into a goods contract with the Seoul Regional Government Procurement Service and the Incheon Regional Government Procurement Service as follows:

(2) On July 2, 2014, the contract price (%) ratio (%) of the contracted goods (source) at the order-making date of the contract (hereinafter “each contract in this case”). On July 2, 2014, in Seocho-gu, Incheon, Seoul, the Seoul, the Seoul, the District Public Procurement Service: WC-1-6, BB-2-4, BC-1 (Class 3), BC-1 (Class 3), 403, 00, 23. 15. 15. 4, 23. 15. 4, 2014, WC-1-6, BB-24, BB-1 (Class 3), BC-1 (Class 21, 493, 758, 430, 4308, 4283 contracts, April 4, 2014.