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(영문) 수원지방법원 2019.01.25 2018구단7413
영업정지처분취소
Text

1. On September 20, 2017, “the date of the disposition stated in the complaint’s claim column” appears to be a clerical error.

Reasons

1. Around January 2013, the Incheon Regional Procurement Service announced a public announcement of tender for the procurement commodities with the following details.

-A procuring entity: Gyeonggi-do Center - Product Name: System management services - Delivery deadline: February 15, 2014 - Tendered Price: 513,690,000 won (excluding value-added tax) - Tender Name: C Maintenance and Management - The Plaintiff participated in the said tender and selected as a priority bidder, and then prepared a general service contract with the head of the Incheon Regional Public Procurement Service on February 28, 2013 as follows:

- Contract title: C Management - System Management - Contract Price: 466,00,000 won - Contract Period: from March 1, 2013 to February 15, 2014 - Gyeonggi-do Center ? The Plaintiff entered into a subcontract with the following contents as the Plaintiff on April 4, 2013 without the approval of the ordering authority:

- Services: CMaintenance Services - Services Section - Within the jurisdiction of the Center and E City - Contract Amount: from March 1, 2013 to February 15, 2014: The contract amount: KRW 93,200,000; and the Defendant subcontracted to D Co., Ltd. on September 20, 2017 without written consent of the ordering agency, on the ground that he subcontracted to the Plaintiff on September 20, 2017, the former Information and Communication Work Business (Amended by Act No. 15375, Feb. 21, 2018; hereinafter the same) ordered business suspension for 45 days pursuant to Articles 31(3) and 66(9) of the former Information and Communication Work Business Act.

(v) The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but dismissed on May 15, 2018, filed the instant lawsuit on June 4, 2018.

On June 8, 2018, this Court suspended the execution of the instant disposition by the time of rendering a judgment following the stay of execution.

【Non-contentious facts, Gap evidence Nos. 1, 2, 5 (including provisional number), Eul evidence Nos. 1, 2, 3, 7, 8, and the purport of the whole pleadings

2. (i) According to Article 31(3) and Article 66(9) of the former Information and Communications Construction Business Act, a construction business operator subcontracts part of a contracted project to another construction business operator or a subcontractor.

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