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(영문) 서울행정법원 2017.09.08 2016구합74316

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 disposition;

A. The Plaintiff is a corporation that produces and sells high strength concrete files (phc files). The Plaintiff is a corporation that runs the business of producing and selling high strength concrete files (phc files).

B. The Korea Primary concrete Industry Cooperatives (hereinafter “the instant cooperatives”) consists of 17 companies, including the Plaintiff who produces phc files (including the Plaintiff, Dongjin Industry Co., Ltd., Sungamam, Seosan Co., Ltd., Seosan, Sungwon File Co., Ltd., Ltd., hereinafter “new Asian Industry Development Co., Ltd., Ltd., Young PP file Co., Ltd., Young Pung Pung Industries Co., Ltd., Ltd., M&T Co., Ltd., Ltd., Samsung Heavy Products Co., Ltd., Samsung Heavy Industries Co., Ltd., Ltd., Samsung C&M, Inc., Ltd., Ltd., and individual companies include 17 companies, including the Plaintiff, etc., as “stock company,” and “limited liability company, etc.”).

C. On July 1, 2016, the Plaintiff’s representative director B and the managing director C in charge of business in collusion with the executives of the instant association, the representative director of the instant member company, or the bidding officer, pursuant to the Seoul Central District Public Prosecutor’s Office’s Office (“the instant association” from July 201 to May 24, 2016, the instant association and member companies were designated as a successful bidder (association or individual member companies) in advance, and the Plaintiff’s representative director was reflected in the bid price at a higher price than the pre-determined bid price, and the remaining company was reflected in the bid price at a higher price than the pre-determined bid price, or the pre-determined bid price was prevented from being selected by an intentional bid, single bid, or a bid price exceeded the expected price, so that the contract may be converted into the pre-determined contract method by a negotiated contract, etc.; hereinafter “the instant method”).