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(영문) 서울행정법원 2015.09.03 2015구합51071

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 company that manufactures and sells pumps, valves, pipes, etc.

On April 29, 2009, the Plaintiff concluded a contract with the Defendant for the supply of ten pumps (hereinafter “instant pumps”) to KRW 302,50,000,000 to June 22, 2009, and agreed that the longitude of the previous pumps (hereinafter “instant parts”) among the instant pumps would be 285-352HBW.

B. On June 16, 2009, the Plaintiff requested the Korea Chemical Testing and Research Institute to conduct a test on the longitude, etc. of the instant parts. On June 22, 2009, the Korea Chemical Testing and Research Institute issued the Plaintiff a test report (hereinafter “instant test report”) stating that the longitude of the instant parts was “264HBW.”

However, while supplying the instant pumps to the Defendant, the Plaintiff submitted a test report altered from “264HBW” to “291HBW.”

C. On the ground that the Plaintiff submitted the changed test report on December 4, 2014, the Defendant issued a disposition under Article 39(2) of the former Act on the Management of Public Institutions (amended by Act No. 9829, Dec. 29, 2009; hereinafter “former Act”), Article 15(1) of the former Rules on Contract Affairs of Public Corporations and Quasi-Governmental Institutions (amended by Ordinance of the Ministry of Strategy and Finance No. 97, Sept. 1, 2009; hereinafter “former Rules on Contract Affairs”); Article 76(1)8 of the former Enforcement Decree of the Act on Contracts to Which the State is a Party (amended by Presidential Decree No. 21565, Jun. 26, 2009; hereinafter “former Enforcement Decree of the State Contracts Act”); Article 76(1)1 of the former Enforcement Rule of the Act on Contracts to which the State is a Party (amended by Ordinance No. 95, Aug. 31, 2009; hereinafter “former Enforcement Rule”).

hereinafter referred to as "disposition of this case"

(i) [Facts without dispute, A, Nos. 2, 3, and 5.