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(영문) 서울행정법원 2015.03.26 2013구합1485
직접생산확인취소통보 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff is a company that engages in land aggregate processing and sales business, etc., and the Defendant is an institution that is entrusted by the Administrator of the Small and Medium Business Administration with the issuance of a certificate of direct production and revocation of direct production confirmation pursuant to Article 34(2) of the former Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Development of Market Support (amended by Act No. 10504, Mar. 30, 201; hereinafter “former Act on Support of Market Support”).

On September 24, 2009, the Plaintiff entered into a contract with an excursion ship company (hereinafter “excursion ship company”) on the extraction of aggregate with the content that the Plaintiff would collect and sell soil and stones from the lusium 54-1 and three parcels (hereinafter “the instant earth and rocks”) provided by the excursion ship company, and that the sales proceeds should be divided into two parts.

On January 26, 2010, an excursion ship company issued a certificate of permission to collect earth and stone (hereinafter “certificate of permission to collect earth and stone in this case”) to use the place of origin of the instant earth and stone as “a combination of aggregate (mix) for civil engineering”; and the purpose of the earth and stone as “use for the site of construction on the neighboring highway and for the filling of earth and stone.”

On the other hand, on January 14, 201, the Plaintiff filed an application with the Defendant for the confirmation of direct production of landscaping rocks, one of the items subject to competition products open only to small and medium enterprises. At the time, the Plaintiff’s certificate of permission to collect earth and rocks submitted by employees B of an excursion ship company as evidentiary materials was forged as “materials for civil engineering” for the types of earth and rocks under the instant permission to collect earth and rocks, and the usage of earth and rocks was forged as “government-funded materials for civil engineering and neighboring public

On February 1, 2011, the Defendant issued a certificate of direct production of landscaping stone to the Plaintiff on February 1, 201 through the fact-finding survey on direct production.

Then, on August 22, 2012, the defendant became aware that the certificate of permission to collect earth and stones submitted by the plaintiff was forged.

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