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(영문) 서울고등법원 2019.05.02 2018누68034 (1)

입찰참가자격제한처분취소

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant, including those resulting from the supplementary participation.

Reasons

1. The reasons why this court should explain concerning this part of the reasons for the disposition are as follows, except for the following additions or altitudes from the 2nd to the 5th 1st eth eth 1st eth eth eth eth eth e.

Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act shall be cited as it is.

In addition, after the second and second sentence of the first instance judgment, the intervenor added " was changed from P to the present name on June 28, 2017 by the amendment of the law."

B. On the fourth side of the judgment of the court of first instance, the part concerning “A” and “i.e.,” and “i.,” from the fourth to 5 pages as follows.

H. On July 11, 2014, the Seoul Local Government Procurement Service notified the Plaintiff of the fact that “the Plaintiff and G prepared and submitted a false proposal for bid against the drilling seismic observation equipment” under Article 27 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”); Article 76(1)8 of the former Enforcement Decree of the Act on Contracts to which the State is a Party (amended by Presidential Decree No. 24601, Jun. 17, 2013; hereinafter “former Enforcement Decree of the State Contracts Act”); Article 76(1)8 of the former Enforcement Rule of the Act on Contracts to which the State is a Party (amended by Ordinance of the Ministry of Strategy and Finance No. 352, Jun. 19, 2013; hereinafter “former Enforcement Rule of the State Contracts Act”).

7. 22. A request was made to submit comments until 22.

(1) Article 27(1) of the former State Contracts Act; Article 76(1)8 of the former Enforcement Decree of the State Contracts Act; Article 76(1)8 of the former Enforcement Decree of the State Contracts Act; Article 76 [Attachment 2] of the former Enforcement Rule of the State Contracts Act 10.10.

Based on this, one year (from November 4, 2014 to November 3, 2015) is eligible to participate in the bidding.