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(영문) 서울행정법원 2015.11.05 2015구합60747
부정당업자 제재처분 취소
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 company that is engaged in the wholesale and retail business for households, and wholesale and retail business for office supplies to military units.

B. On March 20, 2014, the Defense Acquisition Program Administration (www.d2b.go.kr) announced a public announcement of the service agreement for the rental of the flag washing machine on the Korea Defense Acquisition Program Administration website (www.d2b.go.r. (hereinafter “instant public announcement”), and on March 26, 2014, the Plaintiff was selected as the final successful bidder. Accordingly, on the same day, the Plaintiff entered into a lease agreement between the Plaintiff and the Plaintiff to lease the food washing machine at the 1570 unit of the Army from April 16, 2014 to December 31, 2014 (hereinafter “instant agreement”).

C. From April 24, 2014 to June 22, 2014 under the instant contract, the Plaintiff leased 36 small type washing machines (type 6 type 6 type 30 type) and 12 middle type washing machines (dubr type 30 type) to the headquarters of the 1570 unit in the Army (hereinafter “instant unit”) and each towing unit in order.

(hereinafter “instant food washing machine”). D.

Since then, among 30 small washing machines used by the instant unit, there was a problem of use by melting in 23 small washing machines using the instant unit (hereinafter “instant food washing machine”). On April 9, 2015, the Defendant: (a) on the ground that “the Plaintiff entered into the instant contract with the Armed Forces Finance Management Board and did not perform the said contract without justifiable grounds; (b) Article 27(1) of the Act on Contracts to Which the State Is a Party (hereinafter “State Contracts Act”); (c) Article 76(1)6 of the former Enforcement Decree of the Act on Contracts to which the State is a Party (amended by Presidential Decree No. 26321, Jun. 22, 2015; hereinafter “Enforcement Decree of the State Contracts Act”); and (d) the State Contracts Act hereinafter referred to as “State Contracts Act to which the State is a Party.

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