입찰참가자격제한처분 취소 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a business entity that actually operates group meal materials supply business under the name of B, and C is a business entity that actually operates the group meal materials supply business under the name of B, in the name of Dong D, in the name of Dong F, in the name of Dong F, and in the name of B himself or H, in the name of B
(hereinafter referred to as "Plaintiff's side operator"). (b)
The Defendant accused the Plaintiff and E at the Sung-nam Branch of the Suwon District Prosecutors’ Office of Education for the charge of interfering with bidding (hereinafter “instant bidding”) in collusion with the Plaintiff and E on 17 occasions from May 16, 2012 to August 8, 2012, according to the result of a specific audit conducted in relation to the school meal service area during the bidding of the Food Services Electronic Procurement System from June 13, 2012 to September 28, 2012, the Defendant accused the Plaintiff and E at the Sung-nam Branch of the Suwon District Prosecutors’ Office of Education for the charge of interfering with bidding (hereinafter “instant bid”).
C. As a result of the investigation following the above accusation, the prosecutor brought a public prosecution against B on October 15, 2014. The judgment of the court of first instance was pronounced guilty on October 22, 2015, and the judgment of the appellate court was rendered on June 30, 2015, and the judgment of the court of first instance became final and conclusive on June 30, 2015, which became final and conclusive as it is, on the ground of the criminal fact that “B participated in an electronic bid through an electronic bid in total at least 107 times by raising the successful bid price in the name of the Plaintiff’s business operator in the course of operating the business operator on the side of the Plaintiff, and thereby, interfered with the process of the electronic bid for school meal service electronic procurement.”
The Defendant’s prior notice and hearing procedures with respect to the Plaintiff, while going through the hearing procedures, was conducted on May 19, 2016, following deliberation by the third contract deliberation committee on November 14, 2016, and December 22, 2016, and was under the Act on Contracts to Which the Plaintiff is a Party.