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Reasons
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(영문) 서울고등법원 2016.05.13 2015누52021
부정당업자제재처분취소
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On September 28, 2012, the Plaintiff entered into a contract with the Defendant to supply up to December 20, 2012, 22 items, including the Defendant and the Nags (K-1 electric vehicles), 6,150,000 won of the contract amount of 6,150,000 won.

(hereinafter “instant contract”). (b)

On December 17, 2012, the Plaintiff’s employee A connected to the KCAB website and submitted the test report on 22 items of the instant contract. The Plaintiff found that the test report on “Bag, fag-fag-fag-fag-fag-fag-fag-fag-fag-fag-fag-g-fag-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g--g-g-g-g-g-g-g-g-g-g-g-g-g-g-g--g-g-----g---g-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-

(hereinafter referred to as “instant test report”) c.

On December 18, 2012, the Plaintiff supplied all the instant contract goods to the Defendant.

On October 25, 2014, the Defendant: (a) Article 27(1) of the Act on Contracts to Which the State is a Party on the ground that the test report of the instant part was forged or altered (hereinafter “State Contracts Act”); (b) Article 76(1)8 of the former Enforcement Decree of the Act on Contracts to which the State is a Party (amended by Presidential Decree No. 26321, Jun. 22, 2015; hereinafter “former Enforcement Decree of the State Contracts Act”); (c) Article 76(1)8 of the former Enforcement Decree of the Act on Contracts to which the State is a Party; (d) Ordinance of the Ministry of Strategy and Finance on November 4,

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