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 and B Co., Ltd. (hereinafter “B”) are companies engaged in the manufacturing, etc. of concrete products, such as high-Robbery concrete files (PHC files), fume, fume, electric poles, etc., and B are the Plaintiff’s subsidiaries.
B. A cooperative (hereinafter “the cooperative of this case”) is a non-profit corporation comprised of domestic small and medium enterprises that produce PHC files, fume, and concrete electric poles as its members (the end of 2014, large enterprises were also admitted as its members). All small and medium enterprises that produce PHC files, including the Plaintiff, are admitted to the cooperative of this case.
(2) 17 PHC file producers who join the instant association (hereinafter referred to as “instant member companies”)
D, the representative director of B, and the Plaintiff and E, the representative director of the Plaintiff, and the executive director in charge of business in the Plaintiff and B, were indicted for interference with bidding with the instant member companies, together with the representative director, business directors, etc. of the instant member companies, and the Seoul Central District Court sentenced D to suspension of execution of one year of imprisonment with prison labor for the reason that the crime under D and E (hereinafter “instant criminal facts”) constituted interference with bidding on September 21, 2016 constitutes interference with bidding, and sentenced D to suspension of execution of two years of imprisonment with prison labor for 10 months.
(2016 Highest 4187). D, E, and prosecutor’s appeal were all dismissed on February 3, 2017 (2016No3816), D, and E are currently pending in the final appeal.
(2017Do3426) D. D., in collusion with the representative director, business director, and executive officers of the instant association, etc. of the instant member companies, D. D., from July 201 to May 24, 2016, designated a successful bidder in advance with respect to the government-funded PHC file purchase bid cases, and thereafter, the successful bidder is to be reflected in the pre-determined bid amount, and the amount is to be invested in the higher amount, and the remaining companies shall not participate in the relevant bid.