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(영문) 서울중앙지방법원 2017.04.20 2016가합32785
계약상대자 지위 확인
Text

1. On August 17, 2015, the Plaintiff is in the position of the counter-party to the goods supply contract (contract number: C) entered into with the Defendant.

Reasons

1. Basic facts

A. 1) The Administrator of the Public Procurement Service under the Defendant’s control (hereinafter “Administrator of the Public Procurement Service”).

The former Public Procurement Act (amended by Act No. 13817, Jan. 27, 2016; hereinafter the same shall apply) on April 29, 2011;

In addition, the "Government Procurement Act" is referred to as the "Government Procurement Act".

) Article 9-2(1) of the former Enforcement Decree of the Public Procurement Act (amended by Presidential Decree No. 25680, Nov. 4, 2014) and Article 18 of the former Enforcement Decree of the Public Procurement Act (amended by Presidential Decree No. 25680, Nov. 4, 2014) were designated as an excellent product (designated number D, and thereafter, the scope of designation was adjusted several times on April 10, 2014), and all of

hereinafter collectively referred to as “instant 1 product”

(2) On March 20, 2015, the Administrator of the Public Procurement Service designated part of B produced by the Plaintiff as an excellent product pursuant to Article 9-2(1) of the former Public Procurement Act and Article 18 of the former Enforcement Decree of the Public Procurement Act (amended by Presidential Decree No. 27401, Jul. 28, 2016).

Designation Number

F. All are the product that worked the Plaintiff’s patented invention registered as patent registration number G.

hereinafter collectively referred to as the “second product of this case”

(3) On August 17, 2015, the Defendant entered into a goods supply contract in the form of unit price contract for a third party (hereinafter “instant contract”) pursuant to Article 7(1) of the Act on Contracts to Which the State is a Party, Article 26(1)3(f) of the Enforcement Decree of the Procurement Act, Article 5(1) of the Procurement Act, and Article 7(1) of the Enforcement Decree of the Procurement Act for a third party pursuant to Article 7(1) of the Enforcement Decree of the Procurement Act.

B. The criminal punishment against the Plaintiff-related party and the actual operation of H from February 4, 2010 to August 31, 2013 are the supply of the instant first product.

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