logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.01.18 2017구합101378
긴급사전거래정지조치 처분 취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a company that manufactures and sells concrete products, etc., which is engaged in manufacturing and selling mentor block block and manufacturing and selling building materials and civil engineering materials.

B. Pursuant to Article 9(4) of the former Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Support for Development of Market Markets (Amended by Act No. 14839, Jul. 26, 2017), the Plaintiff was issued from the Korea Federation of Small and Medium Business a certificate of direct production verification with the validity period from December 16, 2015 to December 15, 2017, with respect to reinforced concrete booming pipes, drainage pipes for reinforced concrete, concrete hosings, and retaining wall block produced by the Plaintiff.

C. On December 29, 2015, the Plaintiff entered into a contract with the Defendant to supply 39,050 multiple way to an end-user institution (hereinafter “instant contract”) with “limited competition: limited contract period: from June 1, 2015 to April 30, 2017; contract amount: KRW 9,540,025,000.”

After registering multiples in the national integrated shopping mall operated by the Defendant, the Plaintiff supplied multiples to the procuring entity upon receipt of a successful bid from the Defendant at a bid offered by the Defendant.

Article 22-3 (Urgent Suspension of Transactions) (1) In any of the following cases in connection with the performance of contractual obligations, a public official in charge of contracts may suspend transactions where the materials verifying the credibility of the contract are not submitted within one working day after notifying the other party to the contract that the transaction will be suspended, notwithstanding Article 22-2 (6):

1. Where evidentiary materials exist to presume the other party to a contract's violation (conform, quality poor, direct production, violation of country of origin, etc.) and it is anticipated that the end-user institution will damage the other party to the contract if it fails to take urgent measures to suspend transactions

D. The contract of this case is "A separate description of the goods of this case, additional special conditions of the contract with multiple suppliers, and special conditions of the contract with multiple suppliers".

arrow