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(영문) 서울행정법원 2015.01.15 2013구합29247
부정당업자제재처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a social welfare foundation established pursuant to the Social Welfare Services Act and constitutes an organization that can conclude a negotiated contract pursuant to Article 26(1)4 of the Enforcement Decree of the State Contracts Act.

B. From July 8, 2008 to May 18, 2012, the Plaintiff entered into a private contract with the Defense Acquisition Program Administration for the supply of seven contracts for the ArmyHamb Uniforms and the Air Force (hereinafter “instant military movement uniforms”) as follows (hereinafter collectively referred to as the “instant contract”; the contract listed in the table Nos. 1 below is referred to as the “instant contract; each contract listed in the table Nos. 2 to 7 is described as the same method).

On July 8, 2008, the contract amount of the contracted goods on the date of the contract (won) 1: 241,370,70,700 the Air Force Cargo 245,481,00 on June 21, 2010, April 201, 201, the East Air Force Cargo 264,06,3485 and June 22, 201, 363,193,100 on June 22, 2011, the sum of the contract goods 278,194,40,708,708,000 of the Air Force Air Force Cargo Hab uniform 264,06,346,348,50 on June 22, 2011.

C. Before entering into the instant contract, the Plaintiff submitted to the Defense Acquisition Program Administration a tax invoice issued by C, etc. (hereinafter “C, etc.”) stating that the Plaintiff was supplied with the original form from C, a corporation that the Plaintiff operates (hereinafter “C”), and from D or B, a branch of D or B, established in its own name (hereinafter “C, etc.”), and submitted a tax invoice issued by C, etc. (hereinafter “C, etc.”). Upon entering into the instant contract, the Plaintiff submitted C’s tax invoice in the instant case Nos. 1 through 4 contracts, and submitted F’s tax invoice in the instant case No. 5 and 6 contracts, and submitted D tax invoice in the instant contract No. 7.

In addition, the Plaintiff, prior to entering into the instant contract, is a cost material for subsidiary materials to the Defense Acquisition Program Administration from G, H, and I (hereinafter “G, etc.”).

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