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(영문) 대법원 2015.11.27 2014두3075
입찰참가자격제한처분취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

The court below held that the Defendant’s disposition of this case without considering the motive and content of the Plaintiff’s act of violation was unlawful as it abused discretion, taking into account the following circumstances: (a) the Defendant’s defective data verification procedure and the Defendant did not properly consider imported hospitalization while determining the expected price; and (b) the Plaintiff’s claim for the actual increase was deemed to have been repeated due to the Plaintiff’s submission of false documents and the Defendant’s unilateral reduction measures, even if the Plaintiff actually disbursed a large amount of money than the cost; and (c) the Defendant’s submission of false documents and the Defendant’s unilateral reduction measures were deemed to have been repeated.

Examining the relevant legal principles and records, the lower court’s aforementioned determination is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or misapprehending the legal principles on deviation and abuse of discretionary power.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

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