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(영문) 광주지방법원 2017.01.19 2016가합56139
입찰참가자격제한통지무효확인
Text

1. Ascertainment that the Defendant’s restriction on participation in a tendering procedure against the Plaintiff on August 5, 2015 is invalid.

2...

Reasons

1. Basic facts

A. The Defendant’s announcement of construction work and conclusion of contract 1) The Defendant “B Corporation” (hereinafter “instant construction work”).

(2) On November 4, 2014, the Plaintiff participated in the instant tender and was selected as a successful bidder, and concluded a contract for the construction work with the Defendant. (2) When entering into the instant contract with the Defendant for the construction work, the Plaintiff submitted to the Defendant a letter of commitment to the integrity agreement on November 4, 2014, and the contents of the instant contract are as follows.

(hereinafter referred to as “each of the instant notes”). We recognize that us is aware of transparent corporate management and fair business performance without corruption as an important factor in social development and national competitiveness, and internationally, in response to the trend in which the OECD Bribery Convention came into force and the sanctions against corruption enterprises and the State are strengthened, our executives and employees and agents are participating in bidding of all projects, goods, services, etc. ordered by the Korea Electric Power Corporation in accordance with the purpose of the integrity agreement.

1. In relation to this bid, I swear that no bid price or collusion for a particular person has been made with competitors in advance, and at the same time, I will not engage in any unfair conduct that unreasonably interferes with free competition even after the commitment of consultation, communication, coordination, etc. with competitors.

2. He will not provide the employees concerned with unjust profits, such as money and valuables, directly or indirectly in the process of concluding a successful bid and performing a contract.

In violation of this, in case of providing money, entertainment, etc. to related personnel in connection with bidding, successful bid, contract execution, or contract execution, it will be canceled in whole or in part after the successful bidder's decision is cancelled, the contract is cancelled before the contract is executed, and the contract is canceled before the contract is executed.

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