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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On January 15, 2015, the Plaintiff participated in the bid for government-funded materials for the construction of the new panty unit conducted by the Seoul Local Government Procurement Service and selected as the successful bidder, and entered into a contract with the Seoul Local Government Procurement Service to supply the panty panty panion unit (hereinafter “instant supply contract”). On June 2015, the Plaintiff supplied the panty panty panty panty unit (hereinafter “instant panty panion”).
On April 8, 2016, the Defendant revoked the confirmation of direct production of all the products of the Plaintiff, which was verified direct production, on the grounds that the Plaintiff supplied panion oil of this case without direct production (supply of spanion products and attachment of spanion trademark).
(hereinafter “Disposition in this case”). [Grounds for recognition] A] The fact that there is no dispute, entry of Gap’s evidence Nos. 1 through 5 (including serial numbers, hereinafter the same shall apply), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Article 11(2)3 and (3) of the Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Development of Market Support for Small and Medium Enterprises (hereinafter “The Sales Support Act”) provide that in cases where a small and medium enterprise proprietor supplies products not directly produced, such as the supply of subordinate production, the purchase of finished products of another company, etc. after concluding a supply contract with the head of a public institution, or delivers such products by attaching another company trademark to the finished products that were directly produced, the small and medium enterprise proprietor must cancel the confirmation of direct production for all products
The purpose of the direct production verification system is to provide small and medium enterprises with opportunities to grow up by facilitating the purchase of products produced by small and medium enterprises and supporting their markets.
The confirmation of direct production is cancelled because there is no need to protect the small and medium enterprise through the direct production verification system in the case of supplying non-direct production products or attaching another company trademark to the finished products directly produced products.