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(영문) 대구지방법원 2017.11.14 2017구합1812
부정당업자제재처분취소
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 December 29, 2015, the Plaintiff participated in the electronic tendering procedure (hereinafter “instant tendering procedure”) on “purchase of information resources to establish an open foundation for information disclosure of database education information” publicly announced by the Defendant, and was selected as a successful bidder.

B. On January 11, 2016, the Plaintiff entered into a purchase contract with the Defendant, and the Plaintiff, a consolidated business entity, to purchase goods or technical support from the separate order business entity that entered into an agreement with the Defendant and install the following seven systems software units to the Defendant (hereinafter “instant contract”).

C. On December 11, 2015, prior to the conclusion of the instant contract, Adititi Co., Ltd. (hereinafter “Aditi”) entered into an agreement on the supply of goods or technical assistance with the Defendant and Aditititi to facilitate the supply of goods or the provision of technical assistance to DB29.7 SW (hereinafter “instant software”) manufactured by the Korea IBM Co., Ltd. (hereinafter “KoreaIBM”) to the Plaintiff. On January 20, 2016, the Plaintiff issued a license certificate in the name of the Korea IBM for the use of the instant software from March 1, 2016 to February 28, 2017 (hereinafter “instant deed”).

A. On January 26, 2016, A.I.D. established the software of this case on the Age Educational Information Open server and Stodo. On February 5, 2016, the Plaintiff requested the Defendant to examine, and submitted the instant certificate.

E. On February 5, 2017, while investigating the current status of the license for each system software (license), the Defendant discovered that the instant certificate differs from the Korea IBM’s periodical license certificate form and content, and requested Korea IBM to verify the authenticity of the instant certificate, and received a reply from Korea IBM on April 5, 2017, stating that the instant certificate was not a formal license certificate of Korea IBM.

(f).

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