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(영문) 서울행정법원 2017.08.18 2016구합81741
직접생산확인취소처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. Pursuant to Article 9(4) 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. 14839, Jul. 26, 2017; hereinafter “Market Support Act”), the Plaintiff is a small and medium enterprise owner who has obtained the verification of direct production from the Defendant for products, such as a flow meter, around 2014.

B. On April 15, 2014, the Incheon Regional Government Procurement Service announced the purchase of flow meters for the projects for expanding and expanding waste treatment plants of water sources (demanding institutions: the Gyeonggi-do Environmental Office) on the case of “the purchase of flow meters,” and limited the qualification to participate in the bidding to companies holding the certificate of direct production of flow meters.

The Plaintiff participated in the bid and was selected as a successful bidder on May 7, 2014, entered into a contract with the Incheon Regional Government Procurement Service to supply a flow meter at KRW 53,650,000, and supplied a flow meter to the Suwon-si Environmental Business Office of Gyeonggi-do, which is an end-user institution.

C. At around April 2014, Daejeon Regional Procurement Service limited to a company that holds the certificate of direct production verification of the quantity of bid qualification in the case of a public announcement of the tender for the flow meter as a case of the government-funded materials (demanding Agency: the Korea Environment Corporation regional headquarters of the Chungcheong District Headquarters) for a project that installs a high-level facility for the treatment of voice text wastewater.

On May 12, 2014, the Plaintiff participated in the said bidding and was selected as a successful bidder, and entered into a contract with Daejeon Regional Procurement Service to supply a flow meter at KRW 61,670,000, and supplied a flow meter to the Cheongju Regional Headquarters of the Korea Environment Corporation, which is an end-user institution.

As a result of the survey conducted by the Board of Audit and Inspection on the actual state of direct production by the Defendant, it was confirmed that the Plaintiff purchased and supplied finished products with the trademark of another company without supplying the quantity of flow produced by the Plaintiff when supplying the quantity of flow to end-user institutions according to each contract described in the above B and C.

E. Accordingly, the Defendant, on November 8, 2016, Article 11(2) of the Act on the Support of Market Development.

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