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(영문) 서울행정법원 2020.05.15 2019구합85560
직접생산확인 취소처분 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 engages in the production and installation business of main loan systems.

Pursuant to Article 34(2) of the Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Development of Market Support (hereinafter “Market Support Act”) and Article 27(1) of the Enforcement Decree of the Act on Development of Market Support, the Defendant is an institution entrusted by the Minister of SMEs and Startups with the duties of confirming direct production, revoking direct production, and holding hearings

H Parking guidance signs, such as the C Parking Lot Issuing Device C Parking Lot, a parking ticket issuance machine D parking ticket issuance machine, a H Parking Lot G parking ticket issuance machine, etc., a J Parking Lot G parking ticket issuance machine, and the peripheral devices and devices of the Lju Loan System, a J Parking Lot Reading machine, a J parking ticket issuance machine

B. Pursuant to Article 9 of the Act on Support of Market Development, the Plaintiff was confirmed to directly produce the following 10 products among the competing products open only to small and medium entrepreneurs, such as the name of the product, the name of the product, and the name of the detailed product.

C. On December 9, 2016, the Plaintiff entered into a contract with multiple suppliers with respect to the instant 10 products, which correspond to the Public Procurement Service and the parking lot value, with the term of contract from December 9, 2016 to December 8, 2019.

On February 2, 2018, the Public Procurement Service notified the Plaintiff that, with respect to the “purchase of a system for supporting the improvement of parking environment”, two parking lot control devices (area control devices), one parking lot control devices (induct computers), 57 parking warning devices, etc., one parking guide (induct comprehensive guidance signs), two parking guide boards (induct notice boards), 138 of the parking lot peripheral devices of the main loan, by May 3, 2018, the procuring authority demand the Plaintiff to supply in installments the parking lot control devices (area control devices), 57 vehicles such as parking warning devices, etc., 1 parking guide boards (induct electronic guidance boards), 138 of the main loan peripheral devices to the Young-gu

(Demand for Supply Number M). The Plaintiff supplied the product to the Young-nam Mine-gun upon the demand of the above divided delivery.

(hereinafter “instant delivery”). D.

On the other hand, on April 21, 2014, the Plaintiff’s primary loan peripheral devices from N Co., Ltd. (hereinafter “N”) constituted “the primary loan peripheral devices” and “the primary loan peripheral devices.”

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