입찰참가자격제한처분취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. The following facts do not conflict between the parties or may be acknowledged by taking into account the whole purport of the pleadings in each entry of Gap evidence 1-1, 2, 2-1 through 8, 3-1 through 6, and 4-1:
Plaintiff
A Co., Ltd. (hereinafter “F New Construction”) participated in the tender of “F-New Construction” that was conducted through the national comprehensive electronic procurement market of the Public Procurement Service on September 23, 2011 by the Defendant’s announcement E at the same time, and became the first highest bidder in order to KRW 419,603,00 on October 4, 201.
After that, the Defendant decided and notified the Plaintiff A corporation as the successful bidder of the said bidding on October 7, 201 after undergoing a qualification examination for Plaintiff A corporation, and the Plaintiff A corporation and the Defendant concluded a contract for the said construction work on October 11, 201.
B. On February 21, 2012, Plaintiff C Co., Ltd (formerly changed: G Co., Ltd.) participated in the bidding of “I flood restoration project” conducted through the national master electronic procurement market at the Public Procurement Authority, and the bid was 356,239,400 won for the first highest bidder.
After that, on March 6, 2012, the Defendant decided and notified the Plaintiff C Co., Ltd. as the successful bidder of the said bidding. On March 7, 2012, the Plaintiff C Co., Ltd and the Defendant concluded a contract for the said construction work.
C. However, at the time of each of the instant bids, Plaintiff A Co., Ltd and Plaintiff C Co., Ltd. were the representative director of the Plaintiff Co., Ltd. and Plaintiff B Co., Ltd. in collusion with J and his name-free protes, etc., and each of the instant bids was sent to the finance officers belonging to the Defendant and the bidder’s computers participating in the tender, each of which was installed and discovered by installing a malicious program, respectively, through the national master server, and was administered in the name of A Co., Ltd. and the former G Co., Ltd., and the bid price was 419,603,000 won and 356,239,400 won, respectively.