부정당업자 제재처분취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of disposition;
A. On October 5, 2016, Plaintiff A Co., Ltd and C entered into a contract for construction with the Defendant for construction (the construction amount: KRW 789,056,490, and construction period: Nov. 6, 2018, which took place on October 7, 2016, and the instant construction contract; hereinafter “instant construction contract”). (b) Plaintiff E Co., Ltd (hereinafter referred to as “stock company”) entered into a subcontract with Plaintiff A and C with the following contents on October 20, 2016 (hereinafter “instant subcontract”). Article 1: D Contract amount: LH 90,490, and construction period: excluding LH 90,490,” but excluded the instant subcontract amount.
Article 3 Construction Period: Payment of the amount of Article 5 on November 6, 2018 equivalent to the amount of October 7, 2016, for the first time on the commencement of construction: Settlement to the rate of initial agreement (90%) (90%)
C. On November 6, 2017, the instant construction was added to the part that was not implemented in the design modification, and accordingly, the construction cost was changed to KRW 1,503,595,000.
After two times, the total construction cost has been changed to KRW 1,953,531,00 (including value added tax).
(d)
Plaintiff
B was the Plaintiff A representative director at the time of entering into the instant construction contract and subcontract contract.
E. On April 21, 2020, the Defendant subcontracted to the Plaintiffs the entire or most part of the construction contracted by the Plaintiff A to one person.
Article 39(2) of the Act on the Management of Public Institutions (hereinafter “Public Institutions Act”); Article 15 of the Rules on the Contract Affairs of Public Corporations and Quasi-Governmental Institutions; and Article 27(1)3 of the Act on Contracts to Which the State is a Party (hereinafter “State Contract Act”); (hereinafter “instant disposition”); (a) a disposition imposing sanctions against unjust enterprisers on the ground of the fact that there is no dispute [the grounds for recognition]; (b) A, B, B, 2, and the entire purport of the pleadings
2. The instant disposition is made.