입찰참가자격제한처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
On February 2, 2012, the Plaintiff reported KRW 2,853,91,00 as the result of electrical construction in 201, including the same work records as the table below the Korea Electrical Construction Association (hereinafter “this case’s work records”). The work records of this case were the same as the work records of the contractor.
The Korea Electrical Construction Association of 79,200,000,000,000,000,000,000,0000,000,000 International Electric Utility Co., Ltd., the project owner amount B, B,957,00,00,000,000 shall notify the Defendant of the Plaintiff’s construction performance in 2011, including the instant construction performance, and the Defendant registered it in the National Integrated Electronic Procurement System.
As above, the records of the Plaintiff’s construction work in 201, which was registered, became a basis for the assessment of construction capacity in the 369 bidding in which the Plaintiff participated from 2012 to 2015.
Meanwhile, around February 2016, E Co., Ltd., which divided the Plaintiff’s electrical construction business sector, filed a corrective report to exclude the instant work performance from the work performance record in 2011, and the Korea Electrical Construction Association notified the Defendant of this.
Accordingly, on April 6, 2017, the Defendant rendered a disposition to restrict the Plaintiff’s participation in bidding for three months based on Article 27(1) of the former Act on Contracts to Which the State was a Party (amended by Act No. 14038, Mar. 2, 2016; hereinafter “former State Contracts Act”) and Article 76 of the former Enforcement Decree of the Act on Contracts to which the State was a Party (amended by Presidential Decree No. 27475, Sept. 2, 2016; hereinafter “former Enforcement Decree of the State Contracts Act”).
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5 (including branch numbers in the case of additional numbers), Eul evidence Nos. 1 through 4, and the purport of the entire pleadings as to whether the disposition of this case is legitimate or not.