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(영문) 서울행정법원 2019.04.11 2017구합89704
우수제품지정취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On July 1, 2009, the patent number No. 1 on July 1, 2009, B C 2013, DE on October 1, 2013, FG on January 29, 2016, is the error in filling materials.

(hereinafter the same shall apply)

The patent was registered as described below, as a corporation engaged in manufacturing and installing business, manufacturing and installing man-burdy, etc.

(hereinafter referred to as “the instant patent” as the sequence below). Upon the Plaintiff’s request, the Defendant designated the human refinite charging based on the instant patent No. 1 as the exemplary procurement commodities pursuant to Article 9-2(1) of the Procurement Act from October 28, 2010 to October 27, 2016, and Article 18(4) of the Enforcement Decree of the Government Procurement Act (hereinafter “Enforcement Decree of the Government Procurement Act”).

On June 30, 2017, upon the Plaintiff’s request, the Defendant designated H based on the instant patent No. 2 (hereinafter “Excellent Products”) as the exemplary procurement commodities from June 30, 2017 to June 29, 2020.

On the other hand, on October 2, 2016, the Plaintiff’s patent extinguishment was registered on July 11, 2017 due to the Plaintiff’s delinquency in payment of patent fees.

On December 21, 2017, the Defendant: (a) constitutes “the extinguishment of the patent of this case to the Plaintiff” under Article 9-2(3) of the Procurement Act; (b) Article 18-3 subparag. 3 of the Enforcement Decree of the Procurement Act; and (c) Articles 11-2(1) and 22(1)2(a) of the former Regulations on the Designation and Management of Excellent Commodities for Procurement (Amended by Presidential Decree No. 2018-20, Nov. 28, 2018; hereinafter “former Regulations on Excellent Goods”); and (c) Article 22(1)2(a) of the former Regulations on the Designation and Management of Excellent Commodities for Procurement.”

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