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(영문) 서울행정법원 2017.08.11 2017구합55824
직접생산확인취소등처분취소 청구의 소
Text

1. Revocation of revocation of direct production verification made by the Defendant to the Plaintiff on February 15, 2017.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. On November 28, 2013, the Plaintiff entered into a contract with the Public Procurement Service to supply to an end-user institution in Busan Metropolitan City and the contract amount of KRW 135,837,828 with respect to a development project on November 28, 2013, and supplied to the Busan Metropolitan City the steering day (hereinafter “instant steering day”).

On August 10, 2016, the Defendant was requested by the Public Procurement Service to revoke direct production pursuant to Article 11 of the Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Development of Agricultural and Fishing Villages because it did not directly produce the Plaintiff’s investigation on the instant supplementary work, and was requested to revoke direct production verification pursuant to Article 11 of the Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Support of Development of Agricultural and Fishing Villages. On January 26, 2017, the Defendant notified the Plaintiff of a measure plan, such as revocation

After undergoing a hearing on February 6, 2017 after the Plaintiff’s attending the hearing on February 6, 2017, on the 15th of the same month, the Defendant: (a) purchased the dynasium from the gynasium that was an essential production process with respect to the supply of the dynasium; (b) purchased the dynasium from the dynasium for which the first process was completed; and (c) subsequently revoked the confirmation of direct production as of February 21, 2017 on the ground that it was a violation of direct production verification (hereinafter “instant disposition”); and (d) revoked the second disposition as of February 21, 2017 on the ground that it was a violation of direct production verification (hereinafter “the date of revocation”); and (e) revoked the second disposition as of February 23, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2, 3, 8, Eul evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply) and all pleadings.

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