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(영문) 대전지방법원 2016.07.14 2016구합100569
거래정지처분 취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells plastic products.

B. Pursuant to Article 9-2 of the Public Procurement Act, August 30, 2013, and Article 18 of the Enforcement Decree of the same Act, the Defendant designated the oil bags for the water and marine structures as indicated in the attached Table 1 list produced by the Plaintiff (hereinafter “instant products”) as excellent products during the designated period from August 30, 2013 to August 29, 2016.

C. The Plaintiff entered into a contract with the Defendant on the basis of a negotiated contract pursuant to the proviso of Article 7(1) of the Act on Contracts to Which the State is a Party (hereinafter “State Contracts Act”), and Article 26(1)3(f) of the Enforcement Decree of the State Contracts Act, with the following terms:

(C) On October 24, 2013 through October 24, 2015, the term of contract Nos. 5 and the term of contract Nos. 5 and the term of contract No. 185 and the term of contract No. 5 and the term of contract No. 1840, Oct. 24, 2013 to Oct. 24, 2015; 1389-00, Oct. 3, 2013; 205 to Oct. 24, 2013; 205 to Oct. 24, 2015; 205 to Oct. 3, 207, 205 to Oct. 24, 2015; 205 to Oct. 4, 2015; 205 to Oct. 5, 2014 to 30, 205 to 305 to 194-7, 2014

D. The purchase of goods (manufacture) and additional special conditions attached to the instant contract (hereinafter “additional special conditions”) include the following:

Article 22 (Suspension of Transactions) (1) Where a party to a contract falls under any of the following subparagraphs, the transaction may be suspended in a comprehensive shopping mall for a period of not less than one month but not more than 12 months:

1. Where any false description is made or any exaggerated description is made on goods information; 18. Where a contractual breach under the relevant provisions, such as contractual terms, exists.

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