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(영문) 광주지방법원 2019.11.21 2019구합11859
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 established for the purpose of electrical construction business, etc., and the Defendant is a quasi-governmental institution established under the Korea Electric Power Corporation Act for the purpose of developing, developing, transmitting, and transforming electric resources and its related business.

B. On December 29, 2016, the Plaintiff entered into a contract with the Defendant for a “high voltageA Corporation” with the branch office C in the District Headquarters B in 2017. The main contents are as follows.

2. Contract Name: High-tensionA Corporation in B 2017;

3. Area in charge: The area under the jurisdiction of the branch office C in charge of regional division: Ddong, Edong, Fdong, Gdong, Hdong, I Dong, J Dong, K Myeon, K Myeon, M surface, N.

4. Contract unit cost: 25,372,407 won;

5. Estimated contract amount: 9,861,401,030 won; the contract period: January 1, 2017 to December 31, 2018 (730 days);

C. On November 2018, the Defendant imposed a restriction on the Plaintiff’s participation in bidding for six months on the ground that “the Plaintiff provided a bribe of KRW 56 million for budgetary allocation and construction convenience.” On November 9, 2018, the Defendant issued a restriction on participation in bidding for one year (hereinafter “instant disposition”) pursuant to Article 39(2) of the Act on the Management of Public Institutions on April 10, 2019, on the ground that “the Plaintiff provided a bribe of KRW 176 million for budgetary allocation and construction convenience” (hereinafter “Public Institutions Operation Act”) on the ground that the amount of bribe higher than KRW 56 million was recognized in the Gwangju District Court Decision 2018Da197, 205, 237 (merged).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, 7, and 8, and purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff failed to be notified of the specific grounds for the instant disposition, such as the offering of a bribe, the date and place of the offering, and whether the Plaintiff and the offering of a bribe are related to the Plaintiff and the offering of a bribe. Therefore, the instant disposition is procedurally unlawful.

B. A bribe shall be given to Defendant employees.

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