입찰참가자격제한처분취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Details of the disposition;
A. On October 14, 2010, the Defendant publicly announced a tender for A Corporation (hereinafter “instant tender”) prior to the Do Office (hereinafter “instant tender”), received a basic design and a price tender from bidding participants, including the Plaintiff, etc. on January 26, 2011, and completed the deliberation of B Committee for the assessment of basic plans, etc. on February 18, 2011 (hereinafter “instant deliberation”). On February 21, 2011, the Defendant: (a) selected an eligible joint supply and demand organization “the Plaintiff and eight companies”; and (b) entered into a contract for the said new construction project with the Plaintiff on April 19, 2011.
C In collusion with D, the Plaintiff received cash KRW 50 million from E on February 12, 201, and paid KRW 20 million from F on June 23, 201, respectively, in collusion with D so that it may receive the instant construction from the Plaintiff.
B. After that, a bribe investigation related to the instant bid was conducted, and on October 15, 2013, C (the design deliberation committee for the construction plan of the instant case) was indicted for committing a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery).
(Seoul Northern District Court 2013Gohap296). The summary of the facts charged are as follows:
C. On October 18, 2013, the Defendant was notified by the Seoul Northern District Prosecutors’ Office of the result of the public official’s criminal disposition regarding the above contents, and on November 29, 2013, notified the Plaintiff on November 29, 2013, that “the Plaintiff is a person who provided a bribe to the relevant public official, and thus, would be subject to the restriction on participation in the tendering procedure for two years.”
On January 24, 2014, the Seoul Northern District Court found C guilty of all the crime of bribery and aiding and abetting D's bribery, and sentenced C to imprisonment for nine years, fine of 520 million won, and imprisonment for two years and six months for D.
(F) The Seoul Northern District Court Decision 2013Gohap296 (hereinafter referred to as the "Court of First Instance") e.
The defendant is a party to the plaintiff on February 21, 2014, and the former local government is a party to the plaintiff.