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(영문) 부산고등법원(창원) 2016.05.11 2015누12000
참여제한처분 등 취소 청구의 소
Text

1. The plaintiff's action against the primary defendant shall be dismissed.

2. On the plaintiff's ancillary defendant added at the trial.

Reasons

1. Basic facts

A. Preliminary Defendant is a corporation established to efficiently promote projects for promoting small and medium enterprises pursuant to Article 68(1) of the Small and Medium Enterprises Promotion Act (hereinafter “Act”), and the Plaintiff is a consulting company that provides management counseling to small and medium enterprises, and was designated as a guidance institution to provide management and technical guidance to small and medium enterprises pursuant to Article 44(1) of the Act and registered as a consulting agency by the Preliminary Defendant.

B. On February 13, 2014, the Administrator of the Small and Medium Business Administration publicly announced a small and medium enterprise consulting support project plan (hereinafter “instant project”) plan in 2014 in order to support customized consulting suitable for the characteristics of small and medium enterprises.

As a result, B, who engages in natural-related business in the name of "A", applied for the subject of the support company of the instant project (an enterprise that is provided with consulting services by participating in the consulting support project), and the Plaintiff applied for the subject of the consulting company (a consulting company that provides consulting services by participating in the consulting support project) of the user-choice consulting project (which is a business that provides services such as analysis of business feasibility, preparation of business plans, etc.) among the instant project.

C. The conjunctive Defendant, the main institution that is entrusted with the Government contributions by the Small and Medium Business Administration, conducts evaluation and inspection of consulting support tasks, and conducts business management, etc. (at the time of concluding the following agreement, the main institution was a small and medium enterprise Technology Information Promotion Agency and the primary Defendant was changed to the primary Defendant), appointed the Plaintiff as a consulting institution, and the primary Defendant entered into an agreement with the Plaintiff and B with the following contents (hereinafter referred to as the “instant agreement”):

The consulting execution period from June 17, 2014 to December 16, 2014, for small and medium enterprise consulting projects in 2014.

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