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부산고등법원 2017.03.31 2016누24410

부정당업자입찰참가자격제한처분취소

Text

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.

Reasons

1. The grounds alleged in the court of first instance by the Plaintiff for the acceptance of the judgment of the court of first instance are not different from the contents alleged by the Plaintiff in the court of first instance, and the judgment of the court of first instance dismissing the Plaintiff’s claim even if the evidence submitted to this court is re-examine

The reasoning of this Court’s explanation concerning this case is as follows, with the exception of the following additional determination as to the part asserted by the Plaintiff, K’s respective “K” under Articles 8(2) and 420 of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act shall be cited.

2. Additional determination

A. Plaintiff’s assertion 1) At the time of lending KRW 17 million to J in relation to the Plaintiff’s bid, successful bid, or conclusion and performance of contracts related to construction works, the Plaintiff did not provide money and valuables or property benefits to the J, and at the time of the Plaintiff lending KRW 17 million in total to the J, the J does not have any position to perform or engage in the Plaintiff’s work related to the Plaintiff’s work, and thus, is not a public official related to bid, successful bid, or contract conclusion and performance. 2) The act of lending money to J in relation to the Plaintiff’s work is due to the fact that the act of lending money to the J is due to a human Eastness, and it does not constitute a fair bid, etc., and the benefit gained by the J is relatively small, and the Plaintiff actually restricted the qualification of participation for two years and

B. According to the evidence of the first instance court and the facts of recognition as to the allegation 1, the services performed by the Plaintiff are related to the maintenance, repair, management, etc. of facilities and the duties performed by the J which served as a local facility assistant in the facilities of the I management office and the I management office are related to the maintenance, repair, and management of various H, etc. and the supervision of government-funded construction related thereto.