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(영문) 대전지방법원 2018.07.04 2017구합104612

부정당업자 입찰참가자격 제한 통지처분취소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company that manufactures and sells street facilities, manufactures and sells landscaping facilities, executes landscaping design and construction business, constructs, and manufactures and sells civil engineering materials.

B. On July 1, 2014, the Plaintiff entered into a contract with the Defendant for multiple suppliers that supply 5,00,000 meters of each of the purchase commodities to each of the procuring entities from July 1, 2014 to August 31, 2016 (hereinafter “instant contract”). (c) The instant contract is a manufacturer that has been registered as the 10-type product number among the commodity list numbers in accordance with the National Integrated Electronic Procurement System Qualification Regulations, and thus, the instant contract was premised on the premise that the business entity manufactures and manufactures goods directly.

On April 20, 2017, the Defendant inspected the direct production verification, and the Plaintiff voluntarily reported the fact that the Plaintiff purchased and supplied the other company's import completion products in the D Service (Demand Number E) at Jeju.

E. On July 27, 2017, the Defendant is the “State Contract Act” under the Act on Contracts to Which the State is a Party.

Article 27(1)1 and 4 of the former Enforcement Decree of the State Contracts Act, and the former Enforcement Decree of the State Contracts Act prior to the amendment by Presidential Decree No. 27475, Sept. 2, 2016; hereinafter “former Enforcement Decree of the State Contracts Act”.

Article 76(1)1 and 17 of the former Enforcement Rule of the State Contracts Act, and the former Enforcement Rule of the State Contracts Act (amended by Ordinance of the Ministry of Strategy and Finance No. 573, Sep. 23, 2016; hereinafter “Enforcement Rule of the State Contracts Act

Article 76 [Attachment 2] Subparagraph 3 (b) and subparagraph 19 (b) of [Attachment 2] of [Attachment 2] shall apply, but the number of months shall be reduced by 1/2, and six months (hereinafter referred to as “instant disposition to restrict the participation of unjust enterprisers in the tendering procedure from August 4, 2017 to February 3, 2018”) shall be six months.

A. [The facts that there is no dispute over the basis of recognition, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 to 6, the purport of the whole pleadings, and the purport of the whole pleadings.

2. The case.