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(영문) 대구지방법원 2016.12.16 2015가합206120

해임청구등

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. (1) The head of the Defendant Association and the head of the Defendant E shall be responsible for the conclusion of a contract with the service provider to obtain assistance in the implementation of the project. < Amended by Presidential Decree No. 2561, Sep. 26, 2014> Article 32(7) of the Act on Contracts to Which the State is a Party and Article 7(1) of the Act on Contracts to which the State is a Party; Presidential Decree No. 2514, Sep. 26, 2014>

Article 7 (Method of Contracting) (1) The head of each central government agency or the public official in charge of contracts shall place a contract for a general competition before entering into such contract.

Provided, That where it is deemed necessary in view of the purpose, character, scale, etc. of a contract, the eligibility to participate in the contract may be restricted, or the participation may be designated by competitive bidding or private contract may be concluded, as prescribed by Presidential Decree.

In violation of paragraph (3) of Article 24 (3) 2, 4, and 5 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents from October 16, 2014 to January 9, 2015, the following matters shall be subject to a resolution by a general meeting of shareholders:

2. Borrowing of funds, method of such borrowing, interest rate, and method of repayment;

4. Use of rearrangement project costs;

5. Except as otherwise expressly provided for in the budget, a person shall not engage in any of the following activities in relation to the selection of a contractor, designer, or a specialized manager of a rearrangement project under Article 69, by having Defendant F gain property benefits in connection with the selection of a contractor.

1. Money and valuables, and