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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. On September 16, 2013, pursuant to Article 16(3) of the Industrial Technology Innovation Promotion Act (hereinafter “Promotion Act”) and Article 18-5(1) of the Enforcement Decree of the same Act, the Plaintiff filed an application with the Defendant for the certification of a new product with respect to V-NET 7000 (hereinafter “instant product”) for the precise monitoring system of turbine and adjacent revolving electric noise and vibration (hereinafter “instant product”), and obtained the certification of a new product from the Defendant on December 20, 2013.
(Certification Number NEP-MET-2013-027). (b)
However, on February 28, 2014, Otos Co., Ltd. (hereinafter “Otos”) commercialized Cm3000 (hereinafter “Otos”) which is a product of the same level having functions similar to the instant product, and supplied them to two Industries Co., Ltd., Ltd., reported Liby Industries Co., Ltd., Ltd., reported interesting that the instant product does not meet the requirements for the certification of a new product, Articles 16-2(1) of the Promotion Act, 19, and 20-3(1) of the Enforcement Decree of the same Act, asserting that Otos filed an objection against the certification of a new product of the instant product pursuant to Article 20-3(1) of the same Act.
C. On March 4, 2014, the Defendant notified the Plaintiff of the receipt of the objection and received answer from the Plaintiff, and thereafter, held the Certification Evaluation Committee by commissioning all of the experts, including professors and researchers, to attend the Plaintiff’s meeting on April 7, 2014, pursuant to Article 15 of the Operational Guidelines for New Products (NEP Certification) Certification and Encouragement of Purchase, etc., and held the Certification Evaluation Committee. On April 21, 2014, the evaluation committee visited the Plaintiff’s place of business in order to conduct on-site inspections, and held the Second Certification Evaluation Committee on July 8, 2014, and decided to revoke the certification of new products of this case by holding the Certification Deliberation Committee on July 31, 2014.
On August 12, 2014, the Defendant notified the Plaintiff of the disposition in accordance with the above resolution, and on November 7, 2014.