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(영문) 대구고등법원 2019.07.05 2018누4916
부정당업자 제재처분 취소
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 this court citing the judgment of the court of first instance is as stated in the part of the judgment of the court of first instance, except for the addition or dismissal as follows. Thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

2. The addition or dismissal of the part of the judgment of the first instance as to the addition or dismissal shall be deemed to be “ December 18, 2017” in the 8th sentence of the judgment of the first instance as “ December 8, 2017.”

The 10th written judgment of the first instance court (hereinafter “the 16th judgment”), “the 16th judgment,” is regarded as “the 19th judgment.”

The first instance judgment's 20th 20th 1st 1st 20th 1st 20th 1st 20 20th 1st 20.

Article 22 of the first instance judgment's text 22 to 4-5 of the first instance judgment is delayed, and the "rest is delayed."

(9) On the 17th anniversary of the judgment of the first instance, paragraph (9) shall be added as follows:

『⑨ 원고는, 원고가 피고를 상대로 이 사건 모터 대금의 지급을 구하는 중재신청 사건(H중재원 중재 J, K 에서 H중재원은 원고의 중재신청을 모두 인용하면서 이 사건 모터는 이 사건 계약에 따른 일반적인 성능을 갖추었다고 인정하였으므로, 원고가 계약의 이행을 하지 아니한 자에 해당한다고 볼 수 없다고 주장한다.

However, it is not binding the fact-finding and decision of the case.

Furthermore, even according to the reasons for the determination of the instant arbitral case, it is difficult to view that the outcome of the “part 1” and “part 1” item in the CGID procedure implemented under the agreement between the Plaintiff and the Defendant was found to have exceeded the standards prescribed in the technical specifications and CGID implementation agreement under the instant contract, and that the remuneration is ordinarily used in the production of a new master, or that it does not affect the performance, quality, and safety of the mother in this case.

As above, the term "higher's resistance beyond the above criteria" is the right resistance.

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