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(영문) 서울행정법원 2018.08.30 2017구합69588
긴급사전거래정지처분취소
Text

1. On July 26, 2017, the Defendant’s disposition of suspending emergency transactions against the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff, a corporation that runs the business of manufacturing, manufacturing, selling, repairing, installing, etc. of elevators, was confirmed by the National Federation that the term of validity for passenger elevators and dumwegs from August 28, 2016 to August 27, 2018, with respect to cargo elevators, from August 20, 2016 to August 19, 2018, under Article 9(4) of the Act on Promotion of Purchase of Small and Medium Enterprise Products and Development Support and Article 5(3) of the Enforcement Rule thereof.

B. Pursuant to Article 5 of the Government Procurement Act and Article 7-2 of the Enforcement Decree of the Government Procurement Act (hereinafter “Enforcement Decree of the Government Procurement Act”), the Plaintiff entered into a contract with multiple suppliers (hereinafter “instant contract”) with respect to the Defendant and the elevator (passenger elevators and dumpwares) with a contract term from August 1, 2015 to July 31, 2017, with a contract term of KRW 9,532,960,000, the contract amount of which is KRW 9,532,960,000.

C. On June 26, 2017, the Plaintiff prepared the following certificates in the process of investigating the Defendant’s violation of direct production. Accordingly, the Defendant notified the Plaintiff that the Plaintiff would suspend emergency transactions in a comprehensive shopping mall pursuant to Article 22-3(1)1 of the Special Conditions on the Agreement with Multiple Suppliers on July 26, 2017 on the ground that the Plaintiff subcontracted the elevator for passengers to C, processed and assembled it, subcontracted to C, and subcontracted to D, thereby making it clean for the assembly process.

(hereinafter referred to as the “instant disposition”). 1. Of the general manufacturing industry, steel plates from among materials, cut, cut, cut, cut, cut, and melted and melted iron plates.

- The iron plates shall be cut, cut, cut, rashed from C, purchased from E, cut to automatic saws, cut off, and melted by frying.

- The car presses are folded by drown, radr, straw and reinforced materials in C.

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