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(영문) 대전지방법원 2017.03.23 2016구합101548
우수제품거래정지처분 취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a company that engages in the manufacture of civil engineering reinforcement materials and wholesale and retail business.

B. Pursuant to Article 9-2 of the Procurement Act and Article 18 of the Enforcement Decree of the same Act, the Defendant designated materials for the reinforcement of civil engineering as indicated in the attached Table 1 List produced by the Plaintiff (hereinafter “instant products”) as excellent products by the designated period from June 27, 2014 to June 26, 2017.

On July 6, 2015, 2014, 3,592,00,000 as civil engineering reinforcements on July 27, 2016 from July 28, 2014 to July 27, 2016, 592,00,000 on November 14, 2014 〃 3,916,000,000,000,000 016,70270801 Amendment (Additional Standard) on August 6, 2015, 320 " 8,534,000,000,000,00147070708027802 (additional Standard) was added.

C. Based on the proviso of Article 7(1) of the Act on Contracts to Which the State Is a Party and Article 26(1)3(f) of the Enforcement Decree of the same Act, the Plaintiff entered into a contract with the Defendant to supply the instant products by a negotiated contract as follows.

(hereinafter referred to as “instant contract”) No. 3

The purchase (manufacture) additional special conditions attached to the purchase contract (hereinafter referred to as "additional special conditions") attached to the contract of this case shall 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:

(2) The period and subjects of the suspension of transactions under paragraph (1) shall be as specified in the attached Table.

[Attachment Table] The period of suspension and the subject of suspension pursuant to the grounds for the suspension of a contract for six months for a person who falls under Article 22(1)10 of the Act on the Grounds for the Suspension of Transactions (the relation to Article 22(2))

E. The Plaintiff is a national comprehensive national electronic procurement system operated by the Defendant, which is below the national master shopping mall.

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