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(영문) 서울행정법원 2020.09.10 2019구합86976
직접생산확인 취소처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The plaintiff is a company that conducts the business of manufacturing, selling, and leasing parking lot facilities.

Pursuant to Article 34(2) of the Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Development of Market Support (hereinafter “Market Support Act”) and Article 27(1) of the Enforcement Decree of the Act on Development of Market Support, the Defendant is an institution entrusted by the Minister of SMEs and Startups with the duties of confirming direct production, revoking direct production, and holding hearings.

In accordance with Article 9 of the Act on Support for Development of Markets, the Plaintiff was verified by the Defendant to directly produce the following main loan products among competing products among the main loan products only to small and medium entrepreneurs pursuant to Article 2410168901, the detailed name of the detailed product name number 2410168901, the parking guide 2410168906, the parking guide 2410168907, the parking guide 2410168909, the parking guide 2410168909, the parking guide 241010, the parking guide 2

On November 25, 2016, the Plaintiff entered into a supply contract with the Public Procurement Service for the pertinent Jeju Loan Products.

(Contract Number C) On May 12, 2017, the Public Procurement Service notified the Plaintiff of the demand that the Plaintiff supply three vehicle breakers, two air-conditioners, and four air-conditioners to Gangwon-do, a procuring entity, by August 10, 2017, with respect to D’s construction as follows:

Articles classification number 124101689 2290024 vehicle breaker 124,290024 - Automobile short-term vehicle 2,800,000 38,400,000 procuring entities designated as procuring entities 229021 main loan peripheral devices - 2290021 main loan peripheral devices - 32290001 main loan peripheral devices - 322900003 main loan transmission devices - 9,500 438,000 main loan transmission facilities - the main loan peripheral devices - the main loan transmission facilities - the main loan peripheral devices - 32900,00 a procuring entity designated as a procuring entity on August 10, 2017.

(hereinafter “instant supply”). On April 2019, the Public Procurement Service conducted an investigation against the Plaintiff on whether the Plaintiff violated the obligation of direct production, and as a result of the said investigation, the Plaintiff is obligated to directly produce the products of the main loan.

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