부정당업자의 입찰참가자격 제한 처분 취소
1. The plaintiff B's lawsuit shall be dismissed.
2. The plaintiff A's claim is dismissed.
3. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The plaintiffs A Co., Ltd. (hereinafter referred to as the "Plaintiff Co., Ltd.") as a company whose business is the construction business, etc., and the Public Procurement Service (hereinafter referred to as the "Plaintiff Co., Ltd.") organized three joint contractors, such as bidding scisco construction, etc., and participated in the bidding as a representative with a share of 50%, at the request of the defendant.
Plaintiff
B is a person who served as the representative director of the Plaintiff company from March 21, 2008 to March 25, 2011.
B. The instant construction project outlined the instant construction project is a package design and construction project with the estimated construction cost of KRW 92,265,000,000,000. The bid method is “inducing standard method (60% of the design score and 40% of the price score).” According to the bid method, among the design eligible persons with design score of at least 80 points, the bidder who has earned the highest score obtained by adding design weight marks and price weight marks to the design eligible persons with design score of at least
C. On February 14, 2011, prior to the closing date of tender documentation, the Plaintiff Company et al. agreed to make an agreement and tender for the instant construction project, in addition to the Plaintiff Company, Hyundai Construction Co., Ltd., gold industry Co., Ltd., and Daelim Industry Co., Ltd. (hereinafter “Co., Ltd.”), respectively, organized a joint supply and demand organization and participated as a representative. On February 14, 201, the employees in charge of the Plaintiff et al., the Plaintiff et al. agreed to participate in the joint supply and demand organization. On March 3, 2011, the Plaintiff et al.’s employees in charge of the instant construction project agreed to make an bid at the corresponding ratio as indicated in the “the bid price estimate” column as stated in the table below according to the bid price ratio actually agreed.
87,135,06,00 94.444 Mod 87,088,933,000 94.39% gold industry 87.03,574,00 94.33% A 86,982,82,828,000 94.275%
D. The offering of bribe to the design review committee members of this case.