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(영문) 서울행정법원 2018.05.25 2017구합70496
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. The Plaintiff is a small and medium entrepreneur with the aim of manufacturing and selling asphalt concrete (hereinafter “ice concrete”), and was verified directly produced by the Korea Federation of Small and Medium Business for the effective period from April 15, 2017 to April 14, 2019.

B. On June 30, 2016, the Chungcheong Regional Procurement Service, a government agency that carries out a public institution’s commodity procurement project through a public purchase bid, etc., entered into a contract for the goods goods of the contact with the Defendant’s affiliated regional offices under the jurisdiction of the competent government agency, under which the direct production is stipulated as the terms and conditions of the contract (hereinafter “instant contract”).

Article 5 (1) of the above Special Terms and Conditions for the Contract provides that "The contractor shall faithfully supply the database that he/she has produced to the end-user institution, and shall not substitute the products of another company without approval from the Public Procurement Service."

On the basis of the instant contract, the Plaintiff, a member of the said association, received a quantity allocation from the said association, and supplied APP to each end-user institution.

C. The Defendant conducted a fact-finding survey on the current status of the production and supply of asphalt on March 31, 2017 and conducted the fact-finding survey on the current status of the production and supply of asphalt to the Plaintiff as of June 14, 2016

B. On the 23. 23. The Plaintiff demanded explanation on the disagreement between the quantity of production and the quantity of shipment, and the Plaintiff explained that the Plaintiff supplied 100 tons of asphalt produced by B Co., Ltd. (hereinafter “B”), but thereafter, the Plaintiff began to dispute that the above explanation was false from the prior notice of sanctions against unjust enterprisers and the submission of opinions regarding unjust enterprisers.

On July 6, 2017, based on the results of the fact-finding survey, etc., the Defendant issued Article 27(1) of the former Act on Contracts to Which the State is a Party (amended by Act No. 14038, Mar. 2, 2016; hereinafter “former State Contracts Act”); Presidential Decree No. 27475, Sept. 2, 2016.

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