부정당업자제재처분취소
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 that manufactures and sells heat machinery and equipment, and operates machinery and equipment construction business, etc.
On January 24, 2011, the Defendant was designated as a “other public institution” under Article 5 of the Act on the Management of Public Institutions (hereinafter “Act on the Management of Public Institutions”) with the purpose of developing electric resources, and was changed to a “market-type public corporation” under Article 2011-1 of the Ministry of Strategy and Finance’s notification pursuant to Article 6 of the Act on the Management of Public Institutions.
B. On December 27, 2007, the Plaintiff entered into a goods supply contract (hereinafter “instant one contract”) with the Defendant with respect to the Switzerland to be used in B3 and 4 terms, and entered into a goods supply contract with respect to the pipe pipes of the brick building to be used in B3 and 4 terms on October 30, 2009 (hereinafter “instant two contracts”).
When entering into each of the contracts in this case, the plaintiff and the defendant included the defendant's contract rules and the contract work guidelines (the change of name to the contract rules in the front and rear) in the contract contents.
C. From July 24, 2008 to December 13, 2011, the Plaintiff did not have any originals with respect to steel plates, etc. used in the goods supplied while performing each of the instant contracts, or submitted a copy of each test report of attached Table 1 stating the specifications, etc. differently from the original (hereinafter “each test report of this case”). D.
On March 6, 2015, the Defendant: Article 26(1) of the Defendant Contract Rules; Article 97(1)8 and [Attachment Table 10] 10(b) of the Enforcement Rule of the Contract Rules on the ground that the Plaintiff constitutes “a person who forges, alters, or wrongfully uses documents relating to tendering or contract or who submits false documents.”
Pursuant to this item, the Plaintiff made a disposition that limits participation in the tender against the Defendant for six months (from March 12, 2015 to September 11, 2015) (hereinafter “instant disposition”).
【Ground of recognition】 Evidence Nos. 1, 2, and 1 through 4, respectively.