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(영문) 서울행정법원 2019.11.29 2017구합83027
입찰참가자격제한처분취소
Text

1. The Defendant’s disposition of restricting participation in bidding for three months against the Plaintiff on October 27, 2017 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Plaintiff as a party (hereinafter “B”) is a company designated as a defense contractor under the Defense Acquisition Program Act, which was changed from June 29, 2015 to “C stock company” and as of October 10, 2016.

B. 1) The Defense Acquisition Program Administration (hereinafter referred to as "the head of agency") shall not be specifically distinguished from the defendant who is the head of agency, and shall be called "the defendant".

) On June 29, 2015, D Co., Ltd. (E Co., Ltd.) changed its trade name to D Co., Ltd. (E Co., Ltd.).

hereinafter referred to as “D”

(2) The contract for the manufacture and purchase of F and G on six occasions as follows (hereinafter “instant contract for the purchase and purchase”).

On November 26, 2008, the contract date was concluded. On December 27, 2010, F (8 Yangsan), on December 27, 201, 201, F (9 Yangsan) H performance improvement (9 Yangsan) H performance improvement (2nd mass production) on December 24, 2013, 201, the F (10th mass production)D entered into a subcontract on December 24, 2014 for the implementation of the instant non-performance agreement with the Plaintiff and D (10th mass production) to supply F and G necessary I from the Plaintiff.

To implement each of the above subcontracts, the Plaintiff entered into a sub-subcontract with J Co., Ltd. (hereinafter referred to as “J”) and has been supplied with the input of parts of I.D.

C. The Plaintiff entered into a repair accessory contract with the Defendant each contract to supply I, which is a part of F and G (hereinafter “instant repair accessory contract”) as follows.

The plaintiff has entered into a subcontract with J to implement the repair part contract of this case and has been supplied with an input part of assembly by J.

J The parts supplied to the Plaintiff in the instant repair ancillary contract are the same as those supplied to the Plaintiff in the instant repair ancillary contract.

On June 22, 2011, the title of the contract date, K (on June 22, 201, for lighting, for voltage) L (on June 26, 2012, K (on June 26, 201, for power supply) L (on August 11, 2014, for power supply) (on August 11, 201, for power supply).

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