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(영문) 서울고등법원 2016.07.07 2016누36460
입찰참가자격제한처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as stated in the reasoning of the judgment of the court of first instance, except where the court added the judgment of the plaintiff's assertion to the court of first instance as set forth in the following Paragraph (2). Thus, it is citing this as it is in accordance with Article 8 (2)

(The grounds alleged in the trial at the trial while filing an appeal are different from the contents alleged in the first instance court. However, considering the evidence submitted by the Plaintiff in the trial and the Plaintiff’s above assertion, it is not different from the fact-finding and judgment at the first instance court. 2. Additional determination

A. The plaintiff asserts that the production of kimchi by mixing kimchi with other kimchi is permitted under the Food Sanitation Act.

However, even if the manufacturing of kimchi by the above method is permitted under the Food Sanitation Act, it does not affect the grounds for disposition of this case that the Plaintiff constitutes a person who, on the grounds stated in the first instance court, conducted a false or unfair act or committed an unlawful act in the performance of the contract of this case, constitutes a person who is a person who committed a false or unfair act, and constitutes a case where it might interfere with the proper implementation of the contract" under Article 27

The plaintiff's above assertion cannot be accepted.

B. In addition, the Plaintiff asserts that, inasmuch as the Kimchi in the instant purchase request requires to be well-grounded at low temperature for at least seven days, the required military supply orders should be made at least eight days prior to the delivery date, but the required military supply orders had to be made three days prior to the delivery date, and that there was no legitimate delivery orders in the instant case.

However, according to the following circumstances, Article 16(2) of the Special Conditions for Goods Purchase Contracts and Article 14(1) of the Army Aid Operation Rules, the notice of delivery shall be issued at least 30 days prior to the date of delivery.

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