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(영문) 서울행정법원 2016.02.26 2015구합66028
입찰참가자격제한처분취소
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. On May 12, 2014, the Plaintiff completed the registration of qualification for participation in the manufacture of goods, such as vegetation and soil improvement chemicals, and entered into a contract with multiple suppliers (hereinafter “instant contract”) with the Defendant on July 9, 2014, with respect to the food and beverage sales with the Defendant as the procuring company on the website of the national electronic procurement country. On July 9, 2014, the Plaintiff entered into a contract with the Defendant for multiple suppliers (hereinafter “instant contract”).

B. From April 8, 2015 to April 9, 2015, the Defendant visited the factory located in Chungcheong-gun B (hereinafter “aud factory”) to verify direct production of the Plaintiff’s products manufactured and registered, and conducted a fact-finding survey.

C. On April 16, 2015, the Defendant revoked the Plaintiff’s registration of participation in participation in the bidding process and land improvement agents (manufacturing registration) on the ground that the Plaintiff did not possess production facilities in compliance with the Criteria for the Confirmation of direct production of manufactured goods (hereinafter “instant revocation of registration”); on May 28, 2015, the instant contract was terminated on the ground of the revocation of the said registration; and on June 11, 2015, the Defendant rendered a disposition of restricting participation in the bidding process and soil improvement agents for six months (from June 19, 2015 to December 18, 2015) by deeming that the instant contract constituted “a person who fails to perform the contract without justifiable grounds.”

(hereinafter referred to as “instant restrictive disposition”). [Grounds for recognition] / [In the absence of dispute, Gap evidence Nos. 1 through 4 (including branch numbers; hereinafter the same shall apply), Eul evidence No. 2, and the purport of the whole pleadings.

2. To make entries in the attached statutes concerned;

3. The Plaintiff, among the instant lawsuits, was entitled to participate in the bidding conducted by the Defendant by completing the registration of qualification for participation in the bidding (hereinafter “registration of this case”), and the instant contract of this case can also be concluded.

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