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(영문) 서울고등법원 2015.05.22 2014누40069
직접생산확인취소처분취소
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. The reasoning of the court of first instance for the acceptance of the judgment is that the “Tlapp type” of the judgment of first instance is erroneous, and thus, all of the statements are corrected, and except for the addition of the judgment on the argument that the Defendant emphasizes in particular in this court as prescribed in paragraph (2), all of the grounds of the judgment of first instance are identical to that of the judgment. Thus, this is cited by the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the defendant's assertion

A. The Defendant’s assertion that the Plaintiff applied for re-verification of direct production of Taper type street pole, a modified design, when there is a change in the streetlight design that has entered into a contract with the mining power plant, or notified the Administrator of the Small and Medium Business Administration of the fact that the products of the modified design cannot be directly produced at the mining time, and did not enter into a contract for the procurement

Nevertheless, since the Plaintiff entered into a contract with luminous and a contract for the procurement of products with a view to obtaining the confirmation of direct production of Tper-type street pole and delivered the street pole manufactured by the lower-produced street pole, this constitutes a case where the Plaintiff supplied products not directly produced in an unjust manner.

B. The facts of recognition [based on recognition] using pipes or plates of metal or ice lease materials for the purpose of the entire pleadings (except for the part not trusted in the rear) and the fact finding results of the fact finding about the opticalyang city of this Court, and (1) street lamps are made by using pipes or plates of metal or ice lease materials. The pipe type was made through the process of cutting, cutting, melting, sing, ceilinging, and string, and Trper type was made through the process of cutting, cutting, eroding, correcting, melting, maring, maring, and ma.

Since the process of "saving and correction" is added for the production of Maper-type street lamps, in order to directly produce it, additional facilities of eroding and correction devices are needed in the pipe type street lamps production facilities.

(2) On June 9, 2010, the Mayang-si concluded a contract with the Plaintiff to purchase the pipe street poles.

June 9, 2010

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