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(영문) 서울행정법원 2020.07.09 2019구합84918
다수공급자 계약해지 및 입찰참가자격 제한 처분의 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

(2) On October 17, 200, the Defendant entered into a contract with multiple suppliers to supply KRW 900,000 to KRW 100 during the period from October 17, 2013 to June 30, 2015. On July 1, 2015, the instant transport vehicle entered into a multiple suppliers agreement with the Defendant to supply KRW 50,000 to KRW 450,000 during the period from July 1, 2015 to June 30, 2017.

On February 19, 2016, the Plaintiff and the Defendant entered into a modified contract on July 1, 2015 with the content that the maximum delivery demand and quantity of the contract once as of July 1, 2015.

In 2017, the defendant made a public announcement of the purchase bid for the procurement commodities with regard to 100 multi-purpose carriers as follows:

(hereinafter “instant public notice”). 1. The detailed description of the items submitted for purchase and the expected quantity of purchase (the entry of the vehicle other than the instant vehicle) No. 38D Da Multi-Purpose Transport Vehicle No. 100, 100, which is limited to the product classification number (the scheduled quantity) and the delivery place for the scope of agricultural machinery * The term “the scope of agricultural machinery” under [Attachment 1] the Enforcement Rule of the Agricultural Mechanization Promotion Act: The delivery place conditions for the designated place: the delivery period for the vehicle at the delivery place: the method of contract within 45 days after the delivery request: the general (third unit price) / the method of selecting the contracting party to the contract with multiple suppliers: the contract with multiple suppliers.

2. Matters concerning application for participation in purchase: Documents submitted by a supplier (first submission) who has registered demand commodities that he/she intends to purchase at a 10-digit number among the commodity list numbers in accordance with the Regulations on Registration of Qualifications for Participation in the Integrated Electronic Procurement System (Public Notice by the Government Procurement Service): Requirements evaluation (specification). (7) If a product is subject to verification under the Agricultural Mechanization Promotion Act, the Plaintiff shall be the carrier of this case between the Defendant and the Defendant on July 31, 201 in accordance with the above public announcement of tender.

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