입찰참가자격제한처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a company established for the purpose of electrical construction business, etc., and the Defendant is a quasi-governmental institution established under the Korea Electric Power Corporation Act for the purpose of developing, developing, transmitting, and transforming electric resources and its related business.
B. On December 29, 2016, the Plaintiff entered into a contract on “B” (hereinafter “instant contract”) with the Defendant, and the main contents are as follows.
2. Contract name: B Corporation
3. Area in charge: Area under the jurisdiction of C Headquarters - Area under the jurisdiction of C: D, E, F, G, H, H, I, J, K, L, M, M, N,O, P, Q, Q, R, T, U, V,W, and X.
4. Contract unit cost: 22,526,214 won;
5. Estimated contract amount: 3,108,068,531 won: The contract period: January 1, 2017 to December 31, 2018 (730 days);
C. On November 2, 2018, the Defendant imposed a restriction on the Plaintiff’s participation in bidding for six months on the ground that “the Plaintiff provided a bribe of KRW 56 million for budgetary allocation and construction convenience.” On November 9, 2018, the Defendant issued a restriction on participation in bidding for six months (hereinafter “instant disposition”) pursuant to Article 39(2) of the Act on the Management of Public Institutions on the grounds that “the Plaintiff provided a bribe of KRW 176 million for the purpose of budgetary allocation and construction convenience” (hereinafter “Public Institutions Operation Act”) on April 10, 2019 when the amount of bribe was recognized more than KRW 56 million in the Gwangju District Court Decision 2018Da197, 205, 237 (Merger).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 6, and 10, the purport of the whole pleadings
2. The plaintiff's assertion
A. The Plaintiff failed to be notified of the specific grounds for the instant disposition, such as the offering of a bribe, the date and place of the offering, and whether the Plaintiff and the offering of a bribe are related to the Plaintiff and the offering of a bribe. Therefore, the instant disposition is procedurally unlawful.
B. There is no ground for the instant disposition as follows.
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