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(영문) 창원지방법원 2015.08.11 2014구합1428

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 company with the objective of technical service project, such as feasibility study, research, design, test, supervision, trial operation evaluation, consultation, instruction service management, etc., as well as feasibility study plan for the construction of industrial technology and environmental facilities, such as civil engineering, electricity, machinery, and construction.

B. On September 16, 2010, on September 28, 2010, the Sung-Gun Office established a plan for the installation of facilities for the public disposal of high-gun livestock excreta (hereinafter “instant project”) and completed the feasibility study and the establishment of the basic plan, and subsequently selected the Plaintiff as a basic and working design service provider on September 16, 2010, and entered into a contract for the instant project’s basic and working design services with the Plaintiff (hereinafter “instant design service contract”).

C. The Plaintiff, who was in charge of the business of this case, was awarded a contract for the basic business of this case and the shop design service company from October 201 to November 201, 2010, was indicted on March 3, 2014 on the charge that the Plaintiff, who was in charge of the business of this case, delivered a white bag containing KRW 10 million to the public official C, who was in charge of the duties of planning and selecting a business operator, etc. related to the business of this case, was in charge of the duties of public official C, who was in charge of planning related to the business of this case, and who was in charge of the duties of public official C, who was in charge of the duties of public official in the process of tendering the basic business and shop design service company.

C above C from A.

On May 29, 2014, the Defendant was sentenced to 7 years of imprisonment and fine of KRW 180 million for the criminal facts, such as the receipt of a bribe of KRW 10 million as stated in the above judgment, and was sentenced to 7 years of imprisonment and fine of KRW 100 million [the Changwon District Court Tong Branch Decision 2013Gohap94, 121 (combined), 2014Gohap16 (Separation)], and all appeals and appeals appealed against the above judgment and appeals were dismissed.

[Supplementary High Court (original High Court) 2014No173, Supreme Court Decision 2014Do12034]

E. The Defendant’s money and valuables to the Plaintiff on July 3, 2014, and to the relevant public officials regarding the implementation of the instant design service contract.