입찰참가자격제한처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Details of the disposition;
A. The Plaintiff is a company that manufactures and sells pumps, valves, pipes, etc., and the Defendant was a company whose business objective was the development of electric resources, and was designated as a “other public institution” under the Act on the Management of Public Institutions on January 24, 201, and was changed to a “market-type public corporation” under Article 2011-1 of the Ministry of Strategy and Finance notification under Article 6 of the Act on the Management of Public Institutions
B. On April 29, 2009, the Plaintiff entered into a contract with the Defendant to supply ten pumps (hereinafter “instant pumps”) supplied to the solar power plant at KRW 302,50,000,000 (hereinafter “instant contract”) up to June 22, 2009.
In the material purchase specification stipulated in the above contract, the materials of the Gu Dongdong Festival (hereinafter “instant parts”) among the pumps of this case stipulated that the materials of the CR440 and the Gyeongdo shall be 285-352HW, and the obligation to submit the test report on the instant parts was stipulated.
C. On June 16, 2009, the Plaintiff requested the Korea Chemical Testing and Research Institute to conduct a test on the longitude, etc. of the instant parts. On June 22, 2009, the Korea Chemical Testing and Research Institute issued the Plaintiff a test report (hereinafter “instant test report”) stating that the longitude of the instant parts was “264HBW.”
However, while supplying the instant pumps to the Defendant, the Plaintiff submitted the test report altered from “264HW” to “291HBW.”
The Defendant on the ground that the Plaintiff submitted the changed test report on December 4, 2014, Article 39(2) of the Act on the Management of Public Institutions (hereinafter “Public Institutions Operation Act”), Article 15(1) of the Rules on Contract Affairs of Public Corporations and Quasi-Governmental Institutions (hereinafter “Contract Affairs Rules”), and Article 2282 of the former Enforcement Decree of the Act on Contracts to Which the State Is a Party (amended by Presidential Decree No. 22282, Jul. 21, 2010; hereinafter “former Enforcement Decree of the State Contracts Act”).
Pursuant to Article 76 (1) 8.