입찰참가자격제한처분취소
1. The Defendant’s qualification to participate in one month (from November 29, 2013 to December 28, 2013) against the Plaintiff on November 22, 2013.
1. Details of the disposition;
A. On December 24, 2008, the Plaintiff, a company engaged in the business of manufacturing, producing, selling, repairing, and installing elevators, entered into a contract with the Defendant for manufacturing, purchasing, and installing the elevator (hereinafter “instant contract”) (amended by the extension of the contract term on October 8, 2009 by December 28, 2009) with the Defendant (hereinafter “instant elevator”). From December 24, 2008 to December 28, 2009, the Plaintiff manufactured and installed nine elevators (hereinafter “instant elevator”).
B. On April 17, 2013, the Defendant notified the Seoul Special Metropolitan City of the result of the audit that the sirens used in the closed-circuit television installed inside the instant elevator (hereinafter “CCTV”) falls short of the size specified in the contract (e.g., 3 to 8 meters of e.g., e., e., g., e., e., e., e., g., e., e., e., e., e., e., e., g., e., e., e., e., e., e., e., e., e., e., e., 1
See evidence No. 4, hereinafter referred to as "disposition of this case"
(i) [In the absence of a dispute over the basis of recognition, Gap evidence No. 4, Eul evidence No. 1 to 3, the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) Article 64-2(3) of the former Local Public Enterprises Act (amended by Act No. 10990, Aug. 4, 2011; hereinafter “former Local Public Enterprises Act”) which provides the basis for the instant disposition, provides that “The right to participate in bidding may be restricted against a person who is judged likely to impede fair competition in entering into a contract or appropriate performance of a contract.” Article 64-2(4) of the former Local Public Enterprises Act provides that matters necessary for restricting participation in bidding shall be prescribed by Ordinance of the Ministry of Security and Public Administration, and Article 64-2(4) of the former Enforcement Rule of the Local Public Enterprises Act delegated by Article 64-2(4) thereof shall be prescribed by Ordinance of the Ministry of Security and Security.