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(영문) 서울고등법원 2015.05.01 2014누65761
벌점확정통지처분취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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 is the same as the reasoning of the judgment of the court of first instance, except for the dismissal or addition of the following contents among the grounds of the judgment of the court of first instance. Therefore, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420

(1) The interval between pages 2, 15 through 2, 19 shall be as follows:

B. On the other hand, on July 21, 2009, the Defendant publicly announced the proposal guidance for the technical proposal of high-level treatment method of construction for the extension of the instant construction project. On the other hand, on the other hand, the Defendant submitted the technical proposal using the patent technology of this case to the Defendant (hereinafter referred to as “real engineering”) (hereinafter referred to as “the patent technology of this case”) with a patent for “the biological nitrogen removal device and method using the anti-indication prevention” (hereinafter referred to as “the patent technology of this case”), and accordingly, submitted the technical proposal using the patent technology of this case to the Defendant.”

E. On April 13, 2011, the Defendant entered into an agreement on the use of the patent technology of this case with the Hyundai Engineering (patent). The usage fees related to the use of the patent technology of this case stated that modern engineering reflects 0.0% based on the basic amount for the portion for which the patent is used at the cost of construction work (patent). In addition, the separate contract between the Defendant and the Hyundai Engineering was not prepared.

However, on June 17, 2011, the Defendant concluded a contract to purchase the procurement commodities with the content that the Defendant would purchase the “foreign leisure equipment” related to the instant extension project in KRW 7,561,400,000 in the form of modern engineering and private contract.

In addition, the patent technology of modern engineering is one of the "biological methods that lead to the biochemical reaction of pollutants by using germs among sewage treatment facilities".

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