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(영문) 수원지방법원 2016.03.25 2015구합920
부정당제재처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

A. On January 24, 2011, the Defendant was designated as a “other public institution” pursuant to Article 5 of the Act on the Management of Public Institutions as a company with the development of electric resources for business purposes, and was designated as a “market-type public corporation” under Article 201-1 of the Ministry of Strategy and Finance’s notification pursuant to Article 6 of the Act on the Management of Public Institutions.

B. On May 11, 2012, the Defendant issued a public announcement of the supply of goods to be used in a material warehouse of the Division of the Power Generation Complex (HRG Stack Art Jin, hereinafter “instant goods”), and attached a purchase specification with the following details.

General Purchase Specifications

5.1 Testing and Inspection Items should include at least the following:

5.1.1 인장시험 Outercover : 2,000 kgf/㎠ 이상 (KS M 6518) Gas Barrier : 경사 1,000 N/cm 이상, 위사 1,000 N/cm 이상 (KS L 2513) 5.1.2 재질검사 Gas Barrier : Inconel steel 두께가 0.05mm ± 10%(일반물리시험법) 5.1.3 치수 및 외관검사 : 자재구매 규격서에 준한 치수검사(허용오차 ±5% 이내) 및 외관검사

8.1. The results of an authorized institution shall be submitted even after completion, if they cannot be submitted at the time of completion, in consideration of the inspection period.

8.1.2 three copies of the specifications and the results of external inspections of 8.1.3. Mate Shoet 3: Three copies of photographs related to work;

C. On May 21, 2012, the Plaintiff participated in the bid on the supply of the instant goods and was selected as a successful bidder. On May 29, 2012, the Plaintiff entered into a contract with the Defendant for the purchase of goods within 33,505,000 won of the contract amount (including surtax) and within 20 days of the delivery period after concluding the contract (hereinafter “instant contract”).

On May 30, 2012, the Plaintiff: (a) specified the contract price of KRW 32,450,000 (including surtax) and the delivery period to the Eex Co., Ltd. (hereinafter “Eex”); and (b) supplied and installed the instant goods by June 16, 2012.

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