logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.08.28 2017누54069
긴급사전거래정지처분 취소
Text

1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. Total costs of litigation are assessed against the Plaintiffs.

Reasons

1. This part of the reasoning of the judgment is as follows, except for the modification of the judgment of the court of first instance as follows, and thus, this part of the judgment is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

In the 2nd 7th above box, “Plaintiff A” was deleted from “Plaintiff A (hereinafter “Plaintiff A”) on February 10, 2015, and Plaintiff B (hereinafter “Plaintiff B”) on February 9, 2015, respectively, as follows: “The 5-6th above 5-6 box “(hereinafter “instant multiple suppliers contract”) were deleted from “The 5th 5th 1st gram box” to “The 10th 10th of the same month as of February 9, 2015.” The Defendant requested the Plaintiffs to submit a certificate of direct production as of March 31, 2016, and the Plaintiffs submitted a certificate of direct production to Plaintiff A (hereinafter “Plaintiff B”) on February 10, 2015, but Plaintiff A directly concluded a contract with Defendant B on April 1, 2016 on the condition that the contract period should be modified and supplied to the same effect as that of the instant case.”

2) The instant special condition is amended to “the instant special condition” as “the preceding special condition prior to the amendment,” and the following is added to “the instant special condition under the multiple suppliers agreement applicable to the instant multiple suppliers agreement.” The instant special condition under the multiple suppliers agreement applicable to the instant multiple suppliers agreement (hereinafter “instant special condition”).

Article 22-3 of the Special Conditions with Multiple Suppliers (Public Notice of the Procurement Service No. 2015-89, Nov. 12, 2015) (Emergency Suspension of Preliminary Transactions 1) (Public Notice of the Procurement Service No. 2015-89, Nov. 12, 2015) provide for the same terms and conditions as those of the preceding Special Conditions before the amendment.

arrow