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(영문) 대구고등법원 2016.01.15 2015누6034
부정당업자제재처분취소 청구의 소
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The Defendant’s act on January 2014

Reasons

1. Details of the disposition;

A. The Plaintiff Company A (hereinafter “Plaintiff Company”) is a company established for the purpose of power plant business, offshore plant business, etc., and the Plaintiff Company B is the representative director of the Plaintiff Company.

The defendant was designated as a "other public institution" pursuant to Article 5 of the Act on the Management of Public Institutions (hereinafter referred to as the "Act on the Management of Public Institutions") with the purpose of developing electric resources, and was changed to a "market-type public corporation" under Article 2011-1 of the Ministry of Strategy and Finance notification pursuant to Article 6 of the Act on the Management of Public Institutions on January 24, 201.

B. On August 194, the Plaintiff Company was selected by the Defendant as a qualified repair company for C apparatus, and thereafter, supplied the Defendant with necessary parts C.

C. On September 5, 2011, the Plaintiff Company entered into a purchase contract with the Defendant on December 26, 2011 with regard to “fuel handling tools (sent hel shel, hereinafter referred to as “instant tools.” After the use of the attached Form 2, the terms “fuel handling tools” and “construction tools, etc.” (including value-added tax) with regard to the contract amount of KRW 799,354,846 (including the value-added tax) and the delivery period (hereinafter “instant purchase contract”).

(B) The Plaintiff Company entered into a purchase contract of this case with the Defendant, and received supply of Round, etc. necessary for the production of pin, which is part of the instant construction section, from Dongdong Special River, the Seoul Metal Co., Ltd., and D.

Plaintiff

Around December 16, 2011, the Company supplied the instant construction section to the Defendant, and submitted 9 copies of the test report on pipes (pipe) as stated in the name of the Sscco special lecture corporation, etc. (hereinafter “instant test report”) to the Defendant.

(3) contract date (4) contract amount (4) 1 Ssk special lecture Co., Ltd. 1 E on September 5, 201, 39, 354, 846 won (4) 1 and 2.

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