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(영문) 서울행정법원 2015.04.23 2014구합19223
부정당업자5개월간제재처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On October 2, 2013, the Defendant issued a public announcement of tender as follows with respect to the purchase of concrete block for landscaping construction works for B house projects:

Tender Name: The time limit for the supply of concrete block for the landscaping construction of B-house project: March 30, 2014 / The place for the supply of divided supply according to the on-site construction schedule: the construction site (Seoul Central Franc-gu C Day).

B. The Plaintiff, who runs the business of manufacturing bricks and blocks for recycling wastes, participated in the said bidding and was selected as a successful bidder.

Accordingly, on October 28, 2013, the Plaintiff entered into a commodity contract with the Defendant with the following content:

(hereinafter “instant contract”). Contract name: Purchase name of concrete block for 4,647 square meters for landscaping construction works: Period of contract for concrete block for 4,647 square meters: From October 28, 2013 to March 30, 2014: The rate of liquidated damages for delay: 0.15%/day supply method: The Plaintiff must supply the land in accordance with the supply schedule approved for on-site supervision for each complex and can be adjusted according to the on-site conditions and implementation schedule.

After consultation with the Plaintiff, the Defendant set the delivery period of the instant contract on November 15, 2013. The Plaintiff failed to supply concrete block on the payment date, and the Plaintiff notified the Defendant of the extension of delivery date on several occasions from November 18, 2013 to December 2, 2013.

On December 3, 2013, the Plaintiff notified the Defendant of the supply plan with the following contents. On December 11, 2013, the Plaintiff supplied only 100 square meters of concrete block to the Defendant.

On December 1, 2013, 2013, a supply plan of 845 square meters and 845 square meters on December 12, 2013, 2013, and 845 square meters and 845 square meters on December 13, 2013, December 14, 2013, 845 square meters and 845 square meters on December 15, 2013, and 422 square meters on December 16, 2013.

D. On December 11, 2013, the Defendant did not supply goods on six occasions in consideration of the date of the first supply under the instant contract from November 15, 2013 to December 11, 2013, which is the date of the first supply under the instant contract, and did not perform its duty under the instant contract without justifiable grounds.

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