입찰참가자격제한처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
The Plaintiff, a corporation engaged in electrical construction business, etc., participated in the 678 tender publicly announced by the Defendant from 2012 to 2016, and each bid submitted the result of electrical construction in 2011 reported to the firstman on February 2012.
On February 2, 2016, the Plaintiff reported on the records of projects to the Korea Electrical Construction Association and reported on February 2, 2012 to exclude KRW 2,360,479,00 from the total amount of KRW 8,104,643,00 in total amount of electrical construction performance in 2011.
On April 6, 2016, the Defendant participated in a tender in violation of the Electrical Construction Business Act, etc. by falsely reporting the Plaintiff’s performance of electrical construction works in 2011 to the Korea Electrical Construction Association, and thereby constitutes “a person who forges, alters, or wrongfully uses documents pertaining to a tender or contract, or a person who submits false documents,” thereby rendering a disposition of restricting the participation in a tendering procedure for four months under Article 27(1) of the former Act on Contracts to Which the State is a Party (amended by Act No. 14038, Mar. 2, 2016; hereinafter “former State Contracts Act”); and Article 76(1)8 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 27475, Sep. 2, 2016; hereinafter “former Enforcement Decree of the State Contracts Act”).
As the Plaintiff’s official director, the Defendant reported the results of electrical construction, capital and other matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy in order to obtain an evaluation and public announcement of the execution capacity of electrical construction from the Minister of Industry and Energy pursuant to the Electrical Construction Business Act, and had the Plaintiff receive an evaluation higher than the actual execution capacity. On the other hand, in order to obtain a higher rating at the time of a loan by a financial institution, the Defendant was
The defendant, who forged private documents, aims to exercise his private document at the office of the plaintiff located in Daegu-gu Office of the plaintiff on February 2012.