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(영문) 대전지방법원 2020.02.05 2019구합101136

입찰참가자격제한처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the instant disposition

A. The Plaintiff is a limited partnership company that runs the package construction business.

B. The defendant from June 25, 2018 to the same year

8. By the 14th day, a specific audit was conducted on the current status of the execution of occupational health and safety management expenses (hereinafter “safety management expenses”), and as a result, the Plaintiff discovered that the Plaintiff issued a false tax invoice as indicated in the following table and unfairly claimed the safety management expenses.

A 17.08.03 to 17.010.01, 17.01 to 17.069 to 17.069 to 335 to issue a false tax invoice for 17.16-17.30 to 17.17.30 (Joint) A C 798798 to 262 to issue a false tax invoice for 17.16-17.30 to 262 to 17.16-17.262 to 17.17.30 to 30.12 to 17.12 tax invoice for A C C 812 to 812

C. On February 13, 2019, the Defendant, following the hearing procedure, issued a disposition of restricting the participation of unjust enterprisers against the Plaintiff (hereinafter “instant disposition”).

Article 92(1)13 of the Enforcement Decree of the Act on Contracts to which a Local Government is a Party based on sanctions is a Party; Article 76 of the Enforcement Rule of the Act on Contracts to which a Local Government is a Party; from February 15, 2019 to March 14, 2019; Article 76 of the Enforcement Rule of the Act on Contracts to which a Local Government is a Party;

D. The Plaintiff filed an administrative appeal seeking the revocation of the instant disposition with the Chungcheongnam-do Administrative Appeals Commission, but received a dismissal ruling on May 28, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 11 through 13, Eul evidence 3 through 5, 7 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion of this case is as follows.